Estate of Grivel

This appeal is taken from an order made by the judge of the superior court of the county of Imperial, this state, sitting in probate, charging appellant, who is the administrator with the will annexed of the estate of Rene Grivel, deceased, with the following property not accounted for or reported by him as said administrator: 1,600 head of cattle of the value of approximately $65,000; an undivided one-half interest in a harvested crop of cotton, the gross receipts from which were found by the court to be approximately $60,000; an "interest in a bank account in Los Angeles *Page 353 under a fictitious name," amounting to approximately $14,000; $3,000 received by appellant upon accounts due decedent from "persons in Mexico"; also farm machinery, trucks and mining machinery located in Mexico and unaccounted for by appellant. The last finding reads: "The court further finds that there may beother assets not inventoried or accounted for by said administrator," and that a greater part of the property therein mentioned was sold and disposed of in the county of Imperial by said administrator. (Italics supplied.) The concluding paragraph of the order follows:

"It is therefore ordered that Charles T. Wardlaw, administrator of said estate, be and he is hereby charged in his account with all of the above mentioned personal property as came into his hands, as administrator of the estate of Rene Grivel, wherever situated, and which was the property of the decedent at the time of his death. It is further ordered, adjudged and decreed that said administrator, Charles T. Wardlaw, make and file with the clerk of this Court forthwith a full, accurate, true and complete inventory and accounting under oath of all of the assets of the estate of Rene Grivel, deceased, and that a copy of this order be served upon said administrator."

The situs of the greater portion of the estate was the republic of Mexico, and it is claimed by appellant that said property was subject to the control of the ancillary administratrix, who, it is further claimed, had qualified as such in a Mexican court and had assumed to administer upon all of the property of the estate found to be within Mexican territory at the time of decedent's death. The first important question submitted for our consideration, waiving for the present the question of situs, is whether the evidence adduced at the hearing was legally sufficient to support the court's finding to the effect that all or a considerable portion of the property and moneys above mentioned had come into the hands of the administrator as property of the estate and that he was chargeable therewith.

Appellant was the only witness examined at the hearing had upon the application of one of the persons interested in said estate to compel said appellant to render a full, correct and complete report and account of all moneys and property collected by him or which came into his hands as administrator. *Page 354 The court accepted as the basis for its order holding the administrator responsible for said property and as evidence fixing the value thereof, the averments of an affidavit which was filed by the applicant and her attorney in support of the petition for an order citing and requiring said administrator to appear and render a full account and report of his administration.