Purcell v. Young

Citations

• 110 Cal. 605
• 42 P. 1089
• 1895 Cal. LEXIS 1105

Syllabus

<p>Estates of Deceased Persons—Petition to Remove Administrator— Evidence—Declarations of Deceased.—Under a petition to remove an administrator upon the ground that the deceased had, at the time of his death, a large sum of money, which came into the possession of the administrator, or of which he had knowledge, which he failed to include in his inventory, evidence of declarations made by the deceased in respect to the value of his estate, and that he had a large sum of money in his house, is not admissible against the administrator, to prove the ownership or possession of the money.</p> <p>Id.—Interest in Partnership—Transfer by Decedent—Removal of Administrator.—Where the only evidence tending to show that the decedent owned an interest in a partnership with the administrator was the fact that, a few days before his death, he assigned his interest in it to his wife, and there are no grounds for attacking the transfer, the administrator cannot be removed for failing to show the partnership interest of the deceased in the inventory.</p> <p>Id.—Improper Payment of Attorney’s Fee.—The fact that the administrator improperly paid an attorney’s fee is no ground for his removal.</p> <p>Id.—Custody of Assets by Administrator—Power of Court—Bond of Administrator.—An administrator cannot be deprived of the actual custody of the assets of the estate by an order of the probate court directing him where and how he shall keep them; but the administrator is liable for their safety on his bond, and the court cannot lawfully take charge of the assets or deprive interested parties of the security of the bond.</p>