distribution, the probate court retains jurisdiction for the purpose of the settlement of accounts under the trust.8 Orders and decrees made by the court or judge thereof, in probate proceedings need not recite the existence of facts or the performance of acts upon which the jurisdiction of the court or judge depends except as otherwise provided.9 Notice is imparted of the contents of any order or decree of the probate court, or a judge thereof, or of a copy thereof, required to be recorded in the office of the county recorder, from the time of filing the same for record.10 A citation issued from a probate court must be served in the same manner as a summons in a civil action.1 11 When personal notice is required, and no mode of giving it is prescribed, in probate proceedings, such notice must be given by citation; when no other time is specially prescribed, citations must be served at least five days before the return day thereof.12 When a complete description of real property sought to be sold has been given and published in a newspaper as required in an order to show cause why a sale of real estate should not be made, such description need not be published in any subsequent notice of sale, or notice of a petition for the confirmation thereof; it is sufficient to refer to the description contained in the publication of the first notice as being proved and on file in the court.13 An appeal to the Supreme Court must be taken within sixty days from the time of the entry of the order, decree or judgment of a probate court appealed from.14 The provisions of the Code of Civil Procedure relative to new trials and appeals, except in so far as they are inconsistent with the provisions of that code relative to proceedings in probate courts, apply to proceedings in such court.15 If no jury is demanded, the court must try the issues joined. If on a written demand a jury is called by either party, and the issues are not sufficiently made up by the written pleadings on 8. Code of Civil Procedure, Sec. 1699. 9. Code of Civil Procedure, Sec. 1704. 10. Code of Civil Procedure, Sec. 1706. 11. Code of Civil Procedure, Sec. 1709. 12. Code of Civil Procedure, Sees. 1710, 1711. 13. Code of Civil Procedure, Sec. 1712. 14. Code of Civil Procedure, Sec. 1715. file, the court on due notice must settle and frame the issues to be tried.16 A trial by a jury of the issues raised by a contest to the account of an administrator of the estate of a decedent, is not a matter of right.17 In all proceedings where all parties interested in an estate are required to be notified of such proceedings, the court may in its discretion, appoint some competent attorney at law to represent in all such proceedings the devisees, legatees, heirs, or creditors of the decedent, who are minors, and have no general guardian in the country, or, who are non-residents of the state, and those interested, who, though they are neither such minors, or non-residents, are unrepresented. The fee of such attorney is to be paid out of the funds of the estate, and upon distribution, may be charged to the party represented by the attorney.18 When a judgment or decree is made affecting title to real property, a certified copy of the same must be recorded in the office of the county recorder of the county in which the property is situated.19 When not otherwise prescribed by the Code of Civil Procedure in probate proceedings, the Superior Court, or the Supreme Court on appeal, may, in its discretion, order costs to be paid by any party to the proceedings or out of the assets of the estate, as justice may require.20 Personal service upon the guardian of the estate of a ward, when such guardian resides in this state, of any process, notice or order of the court, concerning the estate of a deceased person in which the ward is interested is equivalent to service on the ward. Such guardian may also appear for his ward and waive any 16. Code of Civil Procedure, Sec. 1717. 17. Estate of Moore, 72 Cal. 335; Estate of Westerfield, 96 Cal. 113. process, notice, or order to show cause, which an adult, or a person of sound mind might do.21 The legislature provided in 1897 for a determination by the probate court as to whether a life estate had terminated in certain cases.22 21. Code of Civil Procedure, Sec. 1722. 22. Code of Civil Procedure, Sec. 1723, as amended in 1897. CHAPTER LVIII. OF THE PUBLIC ADMINISTRATOR. There is elected in each county of California a public administrator. It is the duty of the public administrator to take charge of the estates of persons dying within his county. 1. Of the estates of decedents for which no administrators are appointed, and which in consequence thereof are being wasted, uncared for or lost. 2. Of estates of decedents who have no known heirs. 4. Of estates upon which letters of administration have been issued to him by the court.1 The official bond and oath of a public administrator are in lieu of an administrator's bond and oath; but when real estate is ordered to be sold, another bond may be required by the court. Public administrators may administer oaths in regard to all matters touching the discharge of their duties, or the administration of an estate in their hands. When a public administrator is appointed the administrator of an estate of a decedent, he must be guided in the discharge of his duties and in the administration of the estate, as is prescribed for other administrators, except as is otherwise prescribed in chapter XIII of the Code of Civil Procedure relating to the proceedings in probate courts.3 Particular duties, powers and obligations of a public administrator are set out in the Code of Civil Procedure, sections 1726, 1744. CHAPTER LXIX. OF GUARDIANS AND WARDS. The father of a legitimate minor while living with the mother is the guardian by nature of the person of such minor; and in case of his death, the mother is such guardian; but when they live apart and separate from each other, the husband and father as such, has no right superior to the wife and mother, in regard to the care, custody, education and control of their minor child.1 No person, whether a parent or otherwise, has any power as guardian of property, except by appointment by a court.2 A guardian of the person or estate of a minor or of both, may be appointed by will or deed to take effect upon the death of the parent appointing.3 A guardian appointed by deed is a testamentary guardian, and must qualify by giving a bond and taking the requisite oath. A testamentary guardian cannot take from a parent, who is the natural guardian of a minor child, the care, custody, and tuition of the child, if such parent is competent, willing and worthy to have the custody and tuition of the child.5 The Superior Court of a county has general jurisdiction in respect to minors who are residents of such county. There cannot be two guardianships of a minor at the same time, and the Superior Court, in which the proceedings were first 1. Civil Code, Secs. 197, 198. 2. Civil Code, Sec. 242. 3. Civil Code, Sec. 241. 4. Code of Civil Procedure, Sec. 1758; Murphy v. Superior Court, 84 Cal. 592. 5. Lord v. Hough, 37 Cal. 657. 6. Murphy v. Superior Court, 84 Cal. 592; Guardianship of Rayner, 74. Cal. 421; Guardianship of Vance, 92 Cal. 195. |