Daily Los Angeles herald., 1880-10-16
yps Sagsles aleratd.
Supreme Court Opinion.
pEpAnrsrENr no. 2.

y lieu Oots 1ftus AooVs
In THE MATTER
OF THE s957.
! 1TATE OF ANDRES PIco.
ON the 9th OF July, 1879, Romulo
loo dled petition In the Probate
0ourt for the County Of Los An
roles, alleging that Andres Pico
(: 11od intestate In the county afore-
snnld on or about the 14th day OF
Iob. 1879, lea wing property In said
county Of the value OF or about
-, oO0; that on the 18th OF Oct.
1877, Pho Pico was duly appointed
&1uinistrator Of said estate, and on
~ same day duly qualified as such
n1ministrAtor, and from that day
Eoo the acting administrator Of
6aid estate; that on the S0th Of Oct.
1871, said Court made an order re.
Equiring said administrator to pub
1lsh notice to creditors required by
law which the administrator has
wholly failed and neglected to do;
that said administrator has wholly
ALLIED and neglected to have made
and returned to the Court any In.
Ventory or appraisement Of said
state; that the administrator has
raid no claims against said estate,
though several have been present.
ed and allowed, and has wholly
neglected said estate. and failed to
perform his duties as such, and has
wasted End mismanaged the proper
" of the estate; that he
q now near the age OF
eighty years, does not speak
the English language, Is now and
has been for more than two years
last past, most OF the time, absent
from the county Of Los Angeles,
wherein the property Of the said
estate 10 situated, and which re-
Quires attention for its proper
management; and by reason of the
facts Aforesaid, is Incompetent pro-
perly to act and discharge the
duties Of his trust.
The petitioner further states that
he II the sole heir at law Of the es-
tate Of said Andres Pico, and as
such is directly interested in the
proper administration thereof; that
he 10 the Legitimate son and child
ofsaid Andres, and was by said
Andres In his life time, in writing
by an instrument for that purpose
made, as by law provided, duly re-
c0gnized as his son and heir.
The petitioner then asks that an
order be made suspendipg the pow
ers Of Pho Pico a. the administra-
tor of said estate until the matters
and things charged in the petition
can be investigated; that notice be
given to Pho Pico and that he be
cited to appear at such time as
may be designated and show cause
Why his letters of administration
should not be revoked; and that on
said hearing said letters be re-.
voked, and letters of administra.
ton be granted to the petitioner.
On this petition the Court or.
dered that citation issue rs
prayed for to Pho Pico command.
Ing him to appear in Court on the
21st of July, 1879, aud show cause
Why the prayer Of the petition
should not be granted.
On the 10Th Of August, 1879, Pho
Pic0 demurred to this petition gu
several grounds, and on the same
day, without waving his demur-
rer, fled an answer to 1t, in which
he denied the allegations OF the
petition as to his incompetency to
discharge the duties of administra-
tor, Encouragement, neglect, etc. ,
and pleaded as an estoppel to the
claim of the petitioner for letters of
administration former adjudica-
ton.
Notice by posting was given to
all parties interested of the hearing
on the petition and answer above
mentioned. The matters came o N
to be heard, and on the 25th of Oc-
tober, 1879, the Court removed Pho
Pico from the administration. re-
voked and annulled his letters and
granted letters to the petitioner,
Romulo.
BY its findings and order the
Court found and ndjudged that
Romulo Pico was the illegitimate
child of the intestate, and that
the intestate in his lifetime, in
writing, signed, In the presence of a
competent witness, duly acknowl-
edged himself to be the father of
Romulo, and further adjudged that
Romulo was the heir OF Andres
Pico, deceased, and entitled to let
ters of administration on his estate.
From this order Pho Pico appeals.
AS to the adjudication, the Court
found as follows:
''Shortly after the death of said
deceased, to.wit: on the 23d of Feb
ruary, 1875, the said Romulo Pico
flled his petition in this Court
praying for the issue of letters of
administration on said estate to
him., and alleging as grounds there
for that he was the son Of the said
deceased. Afterwards, to-wit: on
February 25th, 1879, the said Pho
Pico filed his petition in said Court
alleging that he WAS the brother
and one of the heirs of said de-.
ceased, and on the 9th day of
March, 1875, also filed written
opposition to the issuance OF letters
to the said Romulo, alleging that
he was the sole surviving brother
of said deceased and therefore en-
titled to letters of administration
and denying that said Romulo was
the surviving son of said deceased.
"Afterwards to.wit: on the day
Of -, 1875, jury was empan-
eled to try the said issues between
the said Romulo and the said Pho
Pico, and on the 4th Of April, 1875,
the jury returned their verdict,
wherein they found, among other
things, that the said Romulo was
the illegitiDlate son OF the said
Andres Pico. That the said An.
dres did in his lifetime
publicly acknowledge him, the
said Romulo, as his son, and re-
ceived him as such into his family
and otherwise treated him, the said
Romulo, as il he was the legiti.
mate son of said Andres; and fur
Their. that on the 1st day Of
January, 1873, the said Romulo
was not minor under the
age OF 81 years. The jury