Estate of Richardson

McCOMB, J.

From an order of the probate court revoking letters testamentary issued to Charles S. Darden, he appeals.

Three questions are presented for our determination which will be stated and answered hereunder seriatim:

First:

Did the probate court have the right to revoke the letters testamentary without a hearing on the merits of appellant’s current account?

This question must be answered in the affirmative. Section 521 of the Probate Code provides in part as follows:

[351]

1 ‘ Suspension and Removal: Causes and procedure. Whenever a judge of the court has reason to believe from his own knowledge, or from credible information, that any executor or administrator has . . . wrongfully neglected the estate, or has long neglected to perform any act as such executor or administrator, he must cite such executor or administrator to appear and show cause why his letters should not be revoked, and may suspend his powers until the matter is investigated. ...”

There is no requirement in such provision that the court must go into the merits of the executor’s account, it being sufficient to warrant the revocation of letters testamentary if it be shown that the executor has mismanaged, wasted, embezzled the property of the estate, or has wrongfully neglected the estate, etc.

Second; Was

there substantial evidence to sustain the trial court’s finding that appellant had neglected the estate and should therefore be removed?

This question must also be answered in the affirmative. The trial court found supported by substantial evidence that appellant had not filed an inventory and appraisment of the assets of the estate. The evidence discloses that appellant was appointed executor of the estate on May 17, 1943, and that an appraisement was not filed until early in January, 1945. Therefore pursuant to the provisions of section 610 of the Probate Code, more than three months having elapsed after his appointment without the filing of an inventory and appraisement, the court was authorized on this ground alone to remove appellant as executor. (See Prob. Code, §§ 600 and 610.)