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Estate of Doyle

1 Myrick 68 Court S.F. Prob. Ct. Decision date 1874-09-10 Docket No. 5650 English

Contents

Majority

p. 68
ESTATE OF ELLEN DOYLE.
No. 5650
Sept. 10, 1874.

Headnote

Practice.—Removal oe Administrator.—Administrator not entitled to a jury upon the question of his removal for maladministration.
An application for the removal of an administrator under Secs. 1436-8, G. G. P., is to be heard by the Court sitting without a jury, the question being one entirely within the discretion of the Judge.
Construing sections, C. C. P., 1436-8.
p. 69
A. C. Searle, for administrator.
F. F. Taylor, contra.

This proceeding is under Secs. 1436-8, C. C. P., for the removal of the administrator for maladministration.

The administrator demanded a jury to try the issues, claiming that such is his right.

The demand is denied. The statute expressly provides that the Court shall try the issues.