In re Moore's Estate
In re Moore's Estate
Opinion of the Court
This appeal is from an order removing appellant, and revoking his letters of administration, as administrator of said estate. Said order is based upon a finding that “the said Thomas W. Moore has wrongfully and willfully neglected said estate, and has unnecessarily, willfully, and wrongfully prolonged the administration of said estate, and to the great detriment thereof.” The question whether the finding is justified by the evidence is the only one which we shall now consider.
It clearly appears that appellant was appointed and entered upon the discharge of his duties as administrator of said estate in the early part of the year 1873, and the petition for his removal was filed July 14, 1887. Between the appointment and the filing of the petition more than fourteen years
Reference
- Full Case Name
- In re MOORE'S ESTATE
- Status
- Published
- Syllabus
- Administrators—Delay and Neglect of Duty.—The fact that an administration has not been completed, though fourteen years have elapsed since the appointment of the administrator, is prima facie evidence of neglect of duty on his part, and, in the absence of satisfactory explanation of the delay, supports a finding that the administrator has wrongfully and willfully neglected the estate, and has unnecessarily, willfully, and wrongfully prolonged its administration, to its great detriment, and justifies his removal, and the revocation of iris letters of administration.