Estate of Atwood

Appeal from an order removing appellant as administratrix and appointing respondent as administrator in her stead. Deceased died December 7, 1894, leaving surviving him his wife, Iturea Atwood, but no children.

On the eighth day of February, 1897, the superior court, upon proper petition, duly made an order appointing the said Iturea Atwood administratrix of the estate of deceased, and she thereupon qualified and letters of administration were issued to her. Thereafter the administratrix procured the appointment of appraisers, and on the twenty-third day of June, 1897, an inventory and appraisement was duly returned and filed, which showed tire entire estate to be community property and of the value of three hundred and ninety dollars. On the 18th of October, 1897, one H. B. Sanders, the respondent herein, at the written request of a sister and also of a niece of deceased, filed a petition asking to have the letters of administration issued to said Iturea Atwood revoked solely upon the ground that she had failed and neglected for more than two months to have notice to creditors published as required by statute, and further asking that petitioner Sanders be appointed administrator…