Johnstone Estate

Forrest, J.,

This is a proceeding brought under section 331 of the Fiduciaries Act of April 18, 1949, P. L. 512, 20 PS §320.331, for the removal of the administrator of the estate of Frederick A. Johnstone, deceased.

From the petition and answer filed, and from the testimony, the facts and circumstances may be stated as follows:

*476Decedent died on March 28, 1953, a resident of Montgomery County. He left surviving him as his sole heir and next of kin a son, Frederick Johnstone, whose whereabouts have been unknown since the date of the decedent’s deáth.

On April 13, 1952, decedent, while operating…