Estate of Munroe

This is an appeal by Ella J. Gates from an order whereby the superior court refused to appoint her executrix of the last will and testament of B. L. A. Munroe, deceased. Both Gates and the public administrator petitioned for letters and the latter was granted letters of administration.

Munroe died testate, devising a part of his real property and bequeathing all of his personal property to said Ella J. Gates. The will did not in terms mention an executrix, but the last sentence contained the words “Said Ella J. Gates to be without bonds.” The will was admitted to probate, and the court ruled that the testator intended to nominate the woman as executrix without bonds. Thereupon the public administrator, P. J. Layne, presented objections and written opposition to the issuance of letters to her on the grounds of her incompetency by reason of her drunkeness and her want of integrity. The court found that she was not incompetent by reason of drunkenness, but that her want of integrity was established, and this latter ruling is the one against which appellant’s counsel directs his principal attack.

George Pringle, a police officer, testified that he had known Ella Gates for fifteen…