In re Estate of Gregory

James Gregory died testate in the county of Placer on January 24, 1877, being at the time a resident of said county and leaving an estate therein, consisting of real and personal property. The will of said deceased was duly admitted *484 , to probate, and letters testamentary were issued to Mary Gregory, named in. the will as sole executrix thereof, and such letters remained in full force and effect until December 1, 1880, when she died. On January 8, 1881, a decree of distribution was made and entered in the matter of the estate, whereby the whole of the estate was distributed to John H. Gregory and John S. Gregory.

On February 18, 1895, an order of court was made and entered appointing Mary Ann Brind administratrix with the will annexed of the said estate, and on the same day letters of administration were issued to her. On May 3, 1895, the said administratrix, Mary A. Brind, filed a petition, and on October 31, 1895, an amended petition setting forth, among other things, that between the times of the death of Mary Gregory, executrix, and the appointment of the petitioner as administratrix, there was a vacancy in the administration of the said estate; that the decree of…