O'Brien

The purpose of this appeal is to review the order of the trial court denying defendants’ motion for a change of the place of trial.

The complaint is quite a voluminous document and only such of its averments will be stated as will show the nature of the action and serve to disclose the reasons for denying defendants’ motion.

It is alleged that in his lifetime plaintiff’s testate, Joseph A. 0 ’Brien, and defendants, Charles F. O ’Brien and William T. Garrett, were partners, under the firm name of 0 ’Brien & Garrett, doing business in the city of San Francisco as agents for the sale of land located in the republic of Mexico; that on December 28, 1908, the said Joseph died testate, naming defendant, his brother Charles, as executor of his last will; that he duly qualified as such executor, but, because of certain neglect of duty, he was removed from his office as executor, and plaintiff, who was sole devisee and widow of Joseph, was appointed special administratrix of the estate of deceased; that Charles, while such executor, had failed to account to said estate with respect to Joseph’s partnership interest in said firm and had failed to mention it in his inventory of said estate;…