19 A. 246 | R.I. | 1890
The appellant was appointed administrator of the estate of his brother, John Murray, by the Municipal Court of Providence, and duly qualified. He represented the estate insolvent, and presented claims in favor of himself and wife for board and care of the intestate, which were allowed by the commissioners. The report of the commissioners was received and allowed by the Municipal Court, whereupon appeals from the judgment of the commissioners were taken by a sister of the intestate. Subsequently the sister applied to the Municipal Court to remove the appellant from administration of the estate, upon the ground that he pretended to have claims against the estate for himself and wife, which he had presented to the commissioners, as aforesaid.
The Municipal Court adjudged the appellant to be "evidently unsuitable to discharge the trust reposed in him," and removed him from his office of administrator, appointing the appellee in his place. The appeal of Michael Murray from this action of the *693
Municipal Court is now before us. Pub. Stat. R.I. cap. 184, § 24, gives authority to a court of probate to remove an administrator when he shall become "evidently unsuitable to discharge the trust reposed in him;" but since the same chapter, § 2, provides for the appointment of a creditor as administrator in certain cases, it is clear that the mere fact that one has a claim against an estate is not a disqualification for the office, nor evidence of unsuitableness to discharge the duties of the trust. In Fenner
v. Manchester et als.
Order accordingly.