Estate of Hughes

77 Cal.App.3d 899 (1978) 143 Cal. Rptr. 858 Estate of HOWARD ROBARD HUGHES, JR., Deceased.

BRUCE A. ALTMAN, as Public Administrator, etc., Petitioner and Appellant,

v.

RICHARD C. GANO, JR., as Special Administrator, etc., Objector and Respondent.

Docket No. 50899. Court of Appeals of California, Second District, Division Four.

February 23, 1978. [900] COUNSEL

John H. Larson, County Counsel, and Gordon W. Treharne, Deputy County Counsel, for Petitioner and Appellant.

Gibson, Dunn & Crutcher, Ronald E. Gother and Marc R. Isaacson for Objector and Respondent.

OPINION

FILES, P.J.

On April 14, 1976, nine days after the death of Howard Robard Hughes, Jr., (hereinafter decedent), Richard C. Gano, Jr., (hereinafter respondent) was appointed special administrator of the California estate of decedent in an ex parte proceeding. Mr. Gano is a resident of California and a first cousin of decedent. He had been nominated as special administrator by Annette Gano Lummis of Houston, Texas, the aunt of decedent.[1]

On July 7, 1976, appellant Bruce A. Altman, Public Administrator of the County of Los Angeles (hereinafter appellant) filed a petition to suspend the powers of the special administrator and to revoke the special [901] letters of administration pursuant to Probate Code section 521, on the grounds that "the special administrator has or is about to waste the property of the estate committed to his charge." Two supplements to that petition were later filed.

On July 21, 1976, the trial court granted respondent "the additional powers, duties and obligations of a General Administrator." This action was taken by the court pursuant to Probate Code section 465 because a proceeding had been instituted to contest an alleged will.