The San Francisco call., 1895-10-15
EXECUTORS SUSPENDED
A New Phase of the Contest
Over the Estate of Mrs.
Lux.
Erwin G. Rodolph, Legatee, Has
Bishop and Lewis Cited to
Show Cause.

Executors Thomas B. Bishop and AFRO
N. Lewis were temporarily suspended
yesterday from the control of the Mrs.
Miranda W. Lux estate upon the petition
OF Erwin G. Rodolph, one of the legatees.
The petition of the latter is as follows:
That therefore, TO wit, on the 9Th day of
october, 1884, an order was duly given and
made by this honorable court admitting to
probate certain documents as the last will and
testament of Miranda w. Lux deceased, and
appointing Thomas B. Bishop and AFRO N.
Lewis, the persons named in said will, as
Sth day of October, 1894, said Thomas B.
Bishop and AFRO N. Lewis duly qualified as
such executors and letters testamentary were
thereupon issued to them and they became
and ever since have been and now are the duly
appointed, qualified and acting executors of
the will of said Miranda w. Lux, deceased;
three months had elapsed since the APP
pointment of said Thomas B. Bishop and
said AFRO N. Lewis as said executors, but that
said executors had neglected and refused to
make and return to this honorable court true
or any inventory and appraisement of said
decedent within said time, and that thereupon.
on the 18th day of April, 1895, this honorable
court, upon the application of said executors,
made an order allowing said executors thirty
days from said 18th day of April, 1895, within
which to make and return an inventory and
appraisement OF said estate, but said executors
again neglected and refused to make and re-
turn said inventory and appraisement to this
honorable, court within the said thirty days
or at all; that thereafter, on the 9th
day of June, 1895, this honorable court,
upon further application of said exeeu-
tors, made a futher order allowing said execu-
tors sixty days from said 9th day of June,
1895, within which to make and return an in
Ventory and eppralsement of said estate to
lhis honorable court, but that although 130
days have elapsed since said 9th day of June,
1895, and more than one year has elapsed
since the appointment of said Thomas B.
Bishop and AzrO\N. Lewis as executors of said
will Ioxya rlIx
refused to make and return true or any in
ventory and appraisement of said estate to this
honorable court and said Thomas b. Bishop
and AFRO n. Lewis have long neglected and re-
fused to perform their duties as such eXecu-
tors.
Wherefore, this petitioner prays for an order
OF this honorable court, TO be entered upon the
minutes thereof, suspending the powers of said
executors and of each of them, until the hear
ing of this petition, and that the Public Ad-
ministrator of said City and County of San
Francisco be appointed q special Administrator
OF said estate during such suspension. and that
notice OF such suspension be given to said eX-
ecutors, and that citation be issued to the
said executors requiring them and each of
them to appear before the court, on some day
therein specified, to show cause why their
letters testamentary should not be revoked
and why they should not be removed from
their position as such executors, and that upon
the hearing of this petition said letters testa-
mentary be revoked and the said Thomas B..
Bishop and said AFRO N. Lewis be removed
| from their position as such executors, and that
this honorable court appoint some suitable and
proper person administrator, with the will an
nexed of the estate of said decedent, and for
such other and further relief as may be proper.
W.T.. Baggett and Alfred Sutro are the
attorneys for the petitioner. In accord
ance with this petition the following order
was issued by Judge Coffey:
1t appearing to this court from the verified
petition filed this day Of Erwin g. Rodolph, a
legatee under the last will and testament of
Miranda w. Lux, deceased, that Thomas B.
Bishop and AFRO N. Lewis, executors OF said
last will and testament of Miranda w. Lux,
deceased, have long neglected and refused to
make and return an inventory and appraise-
ment OF the estate of said decedent within the
time allowed by law and by this court, and
that more than one year has elapsed since
the issuance of letters testamentary to said
Bishop and said Lewis as executors, it
is hereby ordered that the powers OF
they are hereby suspended, and that notice of
such suspension be given said executors, ana
that Friday, the 9Th day of November, 1895,
at 10 O. clock in the forenoon, is appointed for
the nearing of said petition, and that notice
OF the hearing be given to said Thomas B.
Bishop and AFRO n. Lewis, executors as afore-
said, requiring them to appear on said day at
said time in gthe courtroom of this court in
the new City Hall, at the corner of Larkin and
San Francisco, to show cause why their letters
testamentary should not be revoked, by cita-
ton to be served on said parties at least five
days before the hearing. And the clerk of
said court is hereby ordered to inter this order
upon the minutes of this court.
San Francisco, October ID, 1895.
". CoFFEY, Judge.