The record-union., 1898-06-25
MAY Be CALLED INTO COURT.
AN ADMINISTRATORS REsPoN-
SIBILITY.
a decision by Judge Hughes That
May Concern Many
Estates.

SuuSe hughes yesterday filed his de-
clslon IN the matter of the application
Oy Agnes Belle Rhoads, an heir law
Oh the estate of Amy E. Potter, de-
ceased, for an order of court to exam
uhe the administrator thereof under
oath, and for his removal as such ad
mlnlstrator. The court says:
Amy E. Potter died on or about the
9Th day of October, 1897 and thereaf-
Ter, about the 18th day of November
OF the same year, Thomas F. Chatfield,
q son of said deceased. was duly ap-
pointed as administrator of her estate.
regularly qualified, and entered upon
the discharge of his duties as such.
On the 24th day of May, 1898, said
Agnes Belle Rhoads filed herein her
petition setting forth, among other
things, that the estate of said deceased
was the owner of certain real property
described therein, and situated in the
city of San Jose, State of California;
that, notwithstanding that it had come
to the knowledge of said administrator
that said estate was the owner of said
property, he had wrongfully failed to
have the same inventoried, or to ac-
count therefor to said estate. Said pc
tition also contained an averment that
-eiiQ WI dS IlluSDJGu ~ tIlt
estate of said deceased in the sum of
S3,oOO for money loaned to him by
said deceased during her lifetime, and
that said administrator had failed to
have any account or inventory of his
said indebtedness made or filed in this
proceeding
The eighth allegation in said petit
tion is as follows:
ni1 ,;e.t,. sc,
ed by your petitioner of having con-
cealed embezzled, smuggled. conveyed
away and disposed of property, money
and goods belonging TO said decedent,
and has in his possession and knowl-
edge deeds, conveyances, bonds, con-
tracts and other writings which con-
tain evidences of and tend to disclose
the right, title, interest and claim of
the said decedent, in real and personal
property which said administrator has
wrongfully and fraudulently neglected
and refused to have inventoried and ap-
praised as belonging to said estate: in
Guiding the property hereinbefore de-
scribed, and other property"
The respondent, Chatfeld. has filed a
motion to strike out and a demurrer
TO said eighth paragraph in the petition
on the ground that lit is an attempt by
the petitioner to subject him to the
provisions of Sections 1859 and 1860
of the Code of Civil Procedure of this
State, and that said Sections are not
applicable to administrators Other
grounds are stated in the motion to
strike out and demurrer, which it is
deemed unnecessary to consider at this
time
Section 1859 of the Code of Civil Pro-
cedure reads as follows:
If any executor, administrator or
other person interested in the estate of
a decedent, complains to the Superior
Court, or a Judge thereof, on oath that
any person is suspected to have con-
eealed, embeZZled, smuggled, conveyed
away or disposed of any moneys. goods
or chattels of the decedent, or has in
his possession or knowledge any deeds
conveyances, bonds, contracts or other
writings which contain evidence of or
tend TO disclose the right, title. inter-
est or claim of the decedent to any real
or personal estate, or any claim or de-
mand, or any last will, the said court
or Judge may cite such person to ap-
pear before such court and may exam
inc him on oath upon the matters of
such complaint. If such person is not
in the county where the decedent dies
or where letters have been granted, he
may be cited and examined either be-
fore the Superior Court of the county
where he is found, or before the Su-
pefIor Court of the county where the
decedent dies, or where letters have
been granted; but if, in the latter case
he appears and is found innocent his
necessary expenses must be allowed
him out of the estate"
Section 1850 of the same Code then
provides for the punishment of the per-
son cited, in the event of his failure to
appear. and also provides that if, upon
such examination, it appears that the
person cited has concealed or conveyed
away property belonging to the estate
of such deceased person the court shall
make an order directing him to disclose
to the executor or administrator his
knowledge thereof, and on his refusal
to commit him to the County Jail until
compliance with the order of the court
is had
The constitutionality of these sections
of the code has been upheld and af-
firmed by the Supreme Court of this
State, in the case of Levy VS.. the Su-
perior Court 105 Cal. 600. In that