Estate of Pico

Thornton, J.: On the 9th of July, 1879, Bo mulo Pico filed a petition in the Probate Court for the county of Los Angeles, alleging that Andres Pico died intestate in the county aforesaid, on or about the 14th day February, 1876, leaving property in said county of the value of or about $20,000; that on the 18th of October, 1877, Pio Pico was duly appointed administrator of said estate, and on the same day duly qualified as such administrator, and from that day was the acting administrator of said estate; that on the 80th October, 1877, said Court made an order requiring said administrator to publish notice to creditors required by law, which the administrator has wholly failed and neglected to do; that said administrator has wholly failed and neglected to have made and returned to the Court any inventory or appraisement of said estate; that the administrator has paid no claims against said estate, though several have been presented and allowed, and has wholly neglected said estate, and failed to perform his duties as such, and has wasted and mismanaged the property of the estate; that he is now near the age of eighty years, does not speak the English language, is now and has been for more than two years last past most of the time absent from the county of Los Angeles, wherein the property of the said estate is situated, and which requires attention for its proper management ; and by reason of the facts aforesaid, is incompetent properly to act and discharge the duties of his trust.

The petitioner further states, that he is the sole heir-at-law of the estate of said Andres Pico, and as such is directly interested in the proper administration thereof; that he is the illegitimate son and child of said Andres, and was by said Andres in his lifetime, in writing, by an instrument for that purpose made, as the law provided, duly recognized as his son and heir.

The petitioner then asks that an order be made, suspending the powers of Pio Pico as the administrator of said estate until the matters and things charged in the petition can be investi[418]gated; that notice be given to Pio Pico, and that he be cited to appear at such time as may be designated, and show cause why his letters of administration should not be revoked; and that on said hearing said letters be revoked, and letters of administration be granted to the petitioner.

On this petition, the Court ordered that a citation issue, as prayed for, to Pio Pico, commanding him to appear in Court on the 21st of July, 1879, and show cause why the prayer of the petition should not be granted.