Voorhis

Petition of Luther C. Russell, public administrator of Riverside county, praying that letters testamentary issued to Frances A. Van Voorhis be revoked, and that letters of administration with the will annexed be issued to him. The court gave judgment removing the executrix and appointing petitioner as prayed for, from which the executrix appeals on the judgment-roll alone.

The court found that deceased died testate January 7, 1895, naming appellant executrix; on January 28th she filed her petition for probate of the will and for letters testamentary, which duly issued February 11th, and she thereupon duly qualified as executrix; February 21st she filed her inventory and appraisement and took possession of the property of the estate; at that time she was a resident of the city of Rochester, Monroe county, state of Hew York; immediately after issuance of letters she returned to her home in Rochester, and has continuously resided and now resides there; she has not come into this state nor submitted herself to the jurisdiction of the court since her appointment, nor has she personally conducted the affairs of the. estate; *381 she has never filed any account of her administration…