In re the Estate of Moore

The appellant, Thomas W. Moore, was appointed administrator of the estate of William H. Moore, deceased, March 4, 1872. On February 7, 1882, a petition was filed by the widow of deceased, asking the court to remove the administrator from his office, on the grounds that he was incompetent to act as administrator of the estate, and that he had neglected to have his accounts settled by the court, and had failed to turn over certain property which had been set apart as exempt from administration. On September 19,1883, the court denied the petition; the widow thereupon appealed, and on January 27, 1886, this court dismissed the appeal, on the ground that an order refusing to remove an administrator was not appealable. (Estate of Moore, 68 Cal. 394 .) On March 16, 1883, the widow asked the court below to appoint her administratrix of the estate, on the ground that Thomas W. had been committed to the insane asylum on April 28, 1881, and that since that time no order had been made appointing any person administrator of the estate. The court denied the request, and the widow again appealed. This court on appeal held that the fact that the administrator had been sent to an insane asylum did…