Estate of Bauer

LENNON, J.

This appeal is by Hamilton A. Bauer and certain other heirs of the estate of Emile Bauer, deceased, and is from certain orders of the probate court made in the course of the administration of the estate of said deceased. The proceedings in which these several orders were made had their inception in the presentation of a petition to said court by Hamilton A. Bauer, a son and heir of said deceased and a legatee and devisee under the latter’s last will, wherein said petitioner sought to have a citation issued and served upon Lily M. Bauer and Lloyd C. Bauer, executrix and executor, respectively, of the decedent’s last will, requiring them and each of them in their said official capacities to appear and be examined with relation to certain properties of said estate described in said petition which, it was alleged, the said executrix and executor had failed to account for or include in their inventory of said estate, but, on the contrary, had appropriated to their and each of their own use. The petitioner also applied for an order suspending said executrix and executor from their respective offices as such until such time as they should be examined as to said properties and should make an accounting

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thereof. Upon the filing of said petition a citation was issued in accordance with the prayer thereof returnable at a date fixed therein.

Prior to the return day of said petition of Hamilton A. Bauer certain other of the heirs and legatees of said Emile Bauer, deceased, presented a further petition to said probate court setting forth substantially the same facts 'as were averred in the former petition and alleging the same misappropriations of the properties described therein by the said Lily M. Bauer and Lloyd C. Bauer and alleging that the latter, in their respective official capacities, have made and are making no effort to recover for the benefit of said estate any portion of said properties which they have individually appropriated to themselves, and further alleging that the said executrix and executor of said estate are proposing to sell certain of the remaining properties of said estate, which have been specifically bequeathed to the petitioners, for the purpose of paying certain debts of said estate and which sale, if so permitted to be made, will have the effect of depriving' the petitioners of their interest therein as such specific legatees. The petitioners prayed that a day be set for a hearing of their said petition, that the sale of said properties of said estate be enjoined and that the executors be removed from their office as such. These petitioners are represented by Hamilton A. Bauer and by 0. F. Baxter as their attorneys.