In re the Estate of Welch

Good Law
1890 Cal. LEXIS 997·86 Cal. 179·24 P. 943
Supreme Court of CaliforniaOctober 18, 1890No. 13875California1,289 words

Opinion

Lead Opinion

Works, J.

— This is an appeal by an administrator from an order removing him from his trust and revoking his letters. He was first suspended by order of the court, and an attorney appointed to represent some nonresident heirs, who filed a petition for the removal of the administrator, charging him with neglect, incompetency, using the money of the estate to his own profit and advantage and to the injury of the estate, mingling the property of the estate with his own, to the danger and detriment of the estate; that his claims with respect to said estate were adverse to the estate; that he disobeyed, in letter and spirit, the lawful orders of the court; that he failed to account for money and property of the estate which came into his hands or under his control; that through his negligence and incompetency he paid out money of said estate upon a forged order to persons not entitled thereto; and that in each and all of said acts and omissions he had exhibited and shown his unfitness *181 and incompetency to be or to remain such administrator. The administrator denied each of the allegations of the petition, and upon a hearing he was removed and his letters revoked.

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