In re Healy's Estate

Deceased died intestate in September, 1897, and J. W. Hosselkus was appointed administrator of the estate, and since has continued such administrator. In September, 1899, Annie McCabe Thomas, one of the heirs, *782 filed a verified petition, containing allegations upon which she asked to have the letters of the administrator revoked, and some other competent person appointed in his place. The administrator filed his answer, denying specifically all the allegations of fraud and misconduct contained in the petition. The court found all the allegations of the petition to be untrue, and made an order refusing to revoke the letters. This appeal is from the order, upon the record and a bill of exceptions.

The code provides for the revocation of letters of administration upon written allegations and proof showing that the administrator has wasted or mismanaged the estate, or has committed or is about to commit a fraud thereon, or that he is incompetent to act: Code Civ. Proc., secs. 1436-1438. It is claimed that the -evidence shows that the administrator is in league with one Ulty McCabe, and by his conduct is committing a fraud upon the estate by aiding and assisting said McCabe as…