In re the Estate of Welch

Citations

• 86 Cal. 179
• 24 P. 943
• 1890 Cal. LEXIS 997

Syllabus

<p>Estates of Decedents—Removal of Administrator.—While it is the duty of the courts to protect carefully the interests of estates, the rights of those who are appointed to take charge of and manage them should not be overlooked, and an administrator should not be removed except for good and sufficient cause.</p> <p>Id. — Insufficient Grounds for Removal — Payment upon Forged Order'—Mingling Property of Estate.—The court is not justified in removing an administrator and revoking his letters, on account of the payment of money to an attorney for minor heirs upon a forged order of the court, where it appears that he had previously paid him money under an allowance of the court on advice of bis attorney, and was led by the representations of the attorney for minor heirs to believe that the court would allow him a large sum, and had loaned him sums from his own money upon the faith of such representations, and advanced the remainder of the forged order out of his own money, which was not charged against the estate; nor can he be properly removed for mingling the property of the estate with his own, when it merely appears that he had the money of the estate on deposit in his own name in the bank, not having any money of his own in such bank, and the money of the estate being intact at the time of the order of removal.</p>