In Re Estate of Piercy

SLOSS, J.

This is an appeal by Edward M. Piercy from an order settling his account as administrator of the estate of David J. Piercy, deceased.

David J. Piercy died intestate in February, 1901, leaving as his sole heir his mother, Mary Piercy. Edward M. Piercy was appointed administrator of his estate on April 10, 1901. In March, 1901, Mary Piercy executed a deed conveying to Edward the real estate which had descended to her as heir of David. In September, 1903, Mary commenced an action against Edward to set aside this deed on the ground of fraud

[752]

and undue influence. Judgment was rendered against her, but thereafter, -on motion of Andrew J. Piercy, as administrator of her estate (she having died, and said Andrew having been appointed as such administrator and substituted as' plaintiff in the action) a new trial was granted. (See

Piercy

v.

Piercy,

149 Cal. 163, [86 Pac. 507].) On a retrial the plaintiff secured judgment decreeing that the title to the premises in dispute was vested in him as administrator of the estate of Mary. Edward appealed, giving a stay-bond in the sum of ten thousand dollars, to secure payment of the value of the use and occupation of the premises pending the appeal. The judgment was affirmed, the judgment of affirmance becoming final in June, 1912.

(Piercy

v.

Piercy,

18 Cal. App. 751, [124 Pac.

561].)

Thereupon steps were taken to compel Edward to file an account, and to have him removed as administrator. Before these matters had been disposed of, in October, 1912, Edward agreed to turn over the possession of the real estate in controversy, and possession was delivered. A first account theretofore filed had been disallowed. A second was filed on December 12; 1912. This, too, was disallowed, and the letters of administration of Edward were, on January 16, 1913, revoked. Andrew .was appointed administrator of the, estate of David on January 31, 1913.