Purcell v. Young
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco removing John Purcell from the position of administrator of the estate of Henry Welch, deceased. J. V. Coffey, Judge. The administrator, John Purcell, was charged with retaining twelve hundred dollars from the sale of a one-half interest in a threshing machine, belonging to Henry Welch, for which he failed to account.
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Appeal from an order of the Superior Court of the City and County of San Francisco removing John Purcell from the position of administrator of the estate of Henry Welch, deceased. J. V. Coffey, Judge. The administrator, John Purcell, was charged with retaining twelve hundred dollars from the sale of a one-half interest in a threshing machine, belonging to Henry Welch, for which he failed to account. He denied that he collected or received any money on account of Henry Welch from the sale of any interest in a threshing machine, and claimed that he had paid money to the deceased for…
1Opinion of the CourtTemple, J.
This is the second appeal in this matter. (In re Welch, 86 Cal. 179.)
After the remittitur was filed, the petition for the removal of the administrator was amended, and the mat*607ter retried. The court found as before, and also three additional facts, and again removed the administrator. The order is expressly based solely upon the new facts found on the retrial. They are: 1. That deceased had, at the time of his death, ten or twenty thousand dollars in money, which came into the possession of the administrator, or of which he had knowledge. That he failed to include it in his inventory, or to…
2Cases cited1 opinion
- In re the Estate of WelchCalifornia Supreme Court · 1890
3Cited by9 opinions
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- De Greayer v. Superior CourtCalifornia Supreme Court · 1897
- In Re Bolin's EstateSupreme Court of Oklahoma · 1908
- Biddle v. ReysCalifornia Supreme Court · 1899
- McMahon v. State BarCalifornia Supreme Court · 1952
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