Amador ledger. (Jackson, Amador County, Calif.) 1875-19??, 1907-10-04
DECISION IN THE RUSSELL ESTATE
Letters of Administration Denied
the Daughter on the Ground OF
Not Being a Resident.

R0OOiOA 1ooo VI the cOQe OF civil
procedure of the state of Californi,
specifies who are entitled to admin
lister and the order of their priority
the children being in the SECOND
class, and the public administrator il
the eighth class.
Section 1883 code of civil pro
cedure, under which this application
is brought, reads as follows:
when letters of administration
have been granted to any other per
son than the surviving husband o.
wife, child, father, mother, brother
or sister OF the intestate, any one O.
them who is competent, or any com
peteut person at the written reques
Of any one of them, may obtain thu
revocation of the letters, and be en-
titled to the administration, by pre-
seutlng to the court a petition pray
ing the revocation, and the letters
may be issued to him"
Section 1896 code of civil procedure
provides as follows:
NO person is competent or entitled
to serve as administrator or admins
tratrix who is not a bona tide resi-
dent of the state.
According to the construction
placed upon the provision of section
1860 code of civil procedure by oul
supreme court, the surviving husband
or wife, is the only person not a bona
Tide resident of the state who has the
right to request the appointment OF
some other person.
Estate of Cotter, 81 Cal, '215.
Estae of Hyde, "a Cal, 228.
Estate of Stevenson, rs CAL, l64.
In re Doris, 90 CAL, Gil.
In re Bedell, 81 CAL, 339.
Estate of DOVE, 49, Cal, 3O9.
Estate of Gordon, 142 Cal, 40.
Counsel for respondent claims that
III order to entitle her to nominate or
request the appointment of petitioner,
Mrs Elizabeth Smyons, must have
been bona fde resident of the state
at the time of the death of William
Ii. Russell, while counsel for petit
toner contends that there is no time
liked or determined under our statute
when the residence OF a person COM
ing from another state or country to
reside IN this state begins, but it
would appear to be proper concIus-
lon to draw from all these sections
that she must be bona fide resident
at the time of exercising the right of
nomination, which in the case at bar
was February 81, 1907, the date of
filing the nomination.
Was Elizabeth Jane Symon a bona
tide resident of California on Eebru-
airy y, 1907.
Residence is to be determined from
the Intention of the party, and that
Intention is to be gathered mainly
from his acts. Estate of Gordon, 142
Cal, l25.
The evidence upon this point is in
substance as follows: Elizabeth Jane
Symon is Al years of age. She was
born, reared, married, raised her
family and lived in the immediate
neighborhood of Blackwater, Corn
wall, England, until she came to
California in January, 1907. Her
mother lived all her life there, and
died and is buried there; her grand
mother, who lived with her, and who
is very old lady, she left there ex-
pecting her to return. She left her
two sons there with her married
daughter, and expected to return to
take charge of her daughters child
when her husband returned from
South Africa, so they could be to-
gether as much as possible. She left
the house in which she had been
living for fifteen years with her
furniture in it, and paid the rent in
advance for the quarter ending in
March to the Lords, to whom it had
reverted on the death of her father
ln-law, in whom had been vested
a life estate, and with whom she had
lived. She did not come to Cali
fornia when informed of the death of
William Henry Russell, nor until she
was sent for by her son and Mrs Lena
Clements. who sent her the money to
pay her passage. Upon her arrival in
California she went to the residence
OF Mrs Lena Clements and stayed
four days, and in conversation with
Mrs Lena Clements, Miss Edith
Clements, Mr. Sidney Clements and
Mrs Cowden, stated that she wished
to finish her business and return to
England as soon as she could. In
conversation with her uncle Matthew
Irudgen, at Mrs Clements house, he
testified as follows:
told her it was far better for her
to stay in this country with her boys,
and l could do better for her than
what she could in England. And she
said she would study over the matter,
and so far as she has gone she has
come to like tie country very much. -
She then went to Oakland, and
stayed for about three weeks at the
residence of Mrs Orchison on Valdez
street; then Mr. and Mrs Greaves,
who came out from England on the
same steamer, and with whom she
became acquainted on the way, pro-
cured house, and she went to live
with them, took rooms from them.
She testified that she bought furniture
for two rooms, and uses Mrs Greaves'
kitchen and bath room, but the evil
dence shows that Mrs 0Ieaves took
1854 from her and used it, but did not
pay for any furniture with it, but
bought furniture on the instaiment
plan; that the contract for it is in
Nh Greayes' name, and he is paying
for it in monthly instruments; the
furniture used by Mrs Symons being
part of it.
On January 26, 1907, on Valdez
street in Oakland, she, stated to Mrs
Lena Clements and Edith Clements
in reply to statement by them, that
she would feel the cold in Oakland
next winter; that she would not be
there next winter