ESTATE OF JOHN WALSH.
No. 8686--Nov. 24, 1879.
REVOCATION OF LETTERS OF ADMINISTRATION OF PUBLIC ADMINISTRATOR, GROUNDS: Failure to file inventory, and to deposit funds in County Treasury as required by law.
Construing sections, C. C. P., 1729, 1737.
R. N. Steere and E. W. Blaney, for petitioner.
M. Cooney, for administrator.
Letters of administration were
issued Nov. 11, 1878, to the then Public Administrator of this city and
county. In March, 1879, he gave notice
to creditors to present their claims within four months. He has never presented or filed any report,
exhibit, or account of his administration of the estate; no inventory was filed
until Nov. 19, 1879, and after these proceedings were instituted; prior to
April, 1879, he received more than $2,300 cash belonging to the estate; in
July, 1879, he withdrew from the bank of Hibernia Savings and Loan Society more
than $4,000, and deposited The same, with the other moneys received by him, in
bank, in his individual name, mingled with his own funds, and not in any way
distinguished; the moneys were not needed to pay current expenses. He has never deposited any of the funds of
the estate with the City and
The Court therefore finds that the administrator has wrongfully neglected the estate, and has failed to perform acts as such administrator which was required by law to be performed, viz: rending account and inventory, depositing money in the County Treasury, and making semi-annual statement of the affairs of said estate; and it is ordered that the letters of administration of said estate heretofore granted be revoked in accordance with the prayer of petitioner.
Transcribed by Sue Wood.
© 2008 Sue Wood.