The Code of Civil Procedure of the State of California - California - Google Libros

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SECTION 1394. Citation and requirements of Judge on deficient bond. Addi-

1396. When bond may be dispensed with.................

1397. Petition showing failing sureties and asking for further bonds...

1398. Citation to executor, etc., to show cause against such appli-

1401. Suspending powers of executor, etc...........

1402. Further security ordered without application of party in in-

1406. Applications to be determined out of term time........

SPECIAL ADMINISTRATORS AND THEIR POWERS AND DUTIES.

SECTION 1411. Special administrator, when appointed......

1412. Special letters may be issued out of term time........

1413. Preference given to persons entitled to letters.........

1414. Special administrator to give bond and take oath................

1415. Duties of special administrator.........................................

special administrator's powers cease.......

1416. When letters testamentary or of administration are granted,

1417. Special administrator to render account.

WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED, AND MISCELLA-

NEOUS PROVISIONS.

SECTION 1423. On proof of will, after grant of letters of administration, letters

1424. Power of executor in such a case................................................................

1425. Remaining administrator or executor to continue when his col-

leagues are disqualified........

1426. Who to act when all acting are incompetent...........

1427. Executor or administrator may resign, when. Court to appoint

successor. Liability of outgoer.......

1428. All acts of executor, etc., valid until his power is revoked...... 183

1429. Transcript of Court minutes to be evidence.........

DISQUALIFICATION OF JUDGES AND TRANSFERS OF ADMINISTRATORS.

SECTION 1430. When Judge not to act........

1431. Judge being disqualified, proceedings to be transferred, and

SECTION 1432. Transfer not to change right to administer. Retransfer, how

made..............

1433. When proceedings to be returned to original Court................. 185

REMOVALS AND SUSPENSIONS IN CERTAIN CASES.

SECTION 1436. Suspension of powers of executor.......

1437. Executor to have notice of his suspension, and to be cited to

appear............

1438. Any party interested may appear on hearing...................................

1439. Notice to absconding executors and administrators...............

1440. May compel attendance.

OF THE INVENTORY AND COLLECTION OF THE EFFECTS OF DECEDENTS.

ARTICLE I. Inventory, appraisement, and possession of estate...........................

II. Embezzlement and surrender of property of estate..........

INVENTORY, APPRAISEMENT, AND POSSESSION OF ESTATE.

SECTION 1443. Inventory to be returned, including the homestead..............

1444. Appraisement, and pay of appraisers...........

1445. Oath of appraisers and inventory, how made........................................

1446. Inventory to account for moneys. If all money, no appraise-

1450. Letters may be revoked for neglect of administrator......

1451. Inventory of after discovered property............

1452. Administrator and executor to possess real and personal estate 193

1453. Executor or administrator to deliver real estate to heirs or devi-

sees at the end of ten months, unless there are debts to be

satisfied..........

EMBEZZLEMENT AND SURRENDER OF PROPERTY OF THE ESTATE.

SECTION 1458. Embezzling estate before grant of letters testamentary.........

1459. Citation to person suspected to have embezzled estate, etc........ 197

1460. Refusal to obey citation, penalty for and for embezzlement.

May be compelled to disclose by imprisonment. Liable for

double damages......

SECTION 1461. Persons entrusted with estate of decedent may be cited to

OF THE PROVISION FOR THE SUPPORT OF THE FAMILY, AND OF THE

ARTICLE I. Of the provision for the support of the family.........

II. Of the homestead.............

OF THE PROVISION FOR THE SUPPORT OF THE FAMILY.

SECTION 1464. Widow and minor children may remain in decedent's house, etc. 200

1465. All property exempt from execution to be set apart for use of

1468. Property set apart, how apportioned between widow and chil-

dren...........

1469 Estates less than fifteen hundred dollars to go to wife and child;

those less than three thousand to be summarily administered 204

1470. When all property to go to children..........

OF THE HOMESTEAD.

SECTION 1474. Rights of survivor to homestead...........

1475. Selected and recorded homestead set off to person entitled.

Subsisting liens to be paid by solvent estate........................................

1476. Appraisers to carve out of the original exceeding five thousand

dollars in value, a homestead, and report the same...... 207

1477. Report of the appraisers. Majority and minority, which may

be confirmed..........

1478. Day to be set for confirming or rejecting the report of the ap-

praisers. Appeal..........

1479. If report rejected, other appraisers appointed. If again re-

jected, partition suit to be brought...

1480. Instead of dividing the homestead, who may take a deed

thereof at appraised value.............

....................

1481. If no homestead is selected and recorded prior to death of dece-

dent, one may be petitioned for...........

1482. Court to direct partition suit in the District Court, when.

Proceedings thereon.............

1483. If property is common or separate, Court to cause appraisement

SECTION 1484. New appraisement, when ordered. Instead of deeding prop-

erty at appraised value, public sale to be ordered, when........ 210

1485. Costs, to whom chargeable. Persons succeeding to rights of

homestead owners have all their powers and rights..............

1486. Certified copies of certain orders to be recorded.....

OF CLAIMS AGAINST THE ESTATE.

SECTION 1490. Notice to creditors. Additional notice..........

1491. Time expressed in the notice............

1492. Copy and proof of notice to be filed and order made.......

1493. Time within which claims against an estate must be presented 216

1494. Claims to be sworn to, and when allowed, to bear same interest

1495. Probate Judge may present claim, and action thereon.........

1496. Allowance and rejection of claims..........

1497. Approved claims or copies to be filed. Claims secured by liens

may be described. Lost claims.................................. ..........

1498. Rejected claims to be sued for within three months.................

1499. Claims barred by Statute of Limitations. When and who Pro-

bate Judge may examine...........

1500. Claims must be presented before suit..............

1501. Time of limitation..........

1502. Claims in action pending at time of decease........

1503. Allowance of claim in part

1504. Effect of judgment against executor.........

1505. Execution not to issue after death. If one is levied the prop-

erty may be sold.............

1506. What judgment is not a lien on real property of estate.............. 231

1507. May refer doubtful claims. Effect of referee's allowance or

1508. Trial by referee, how confirmed and its effect..............

1511. Executor neglecting to give notice to creditors, to be removed.. 233

1512. Executor to return statement of claims.........

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IV. Sales of real estate, interests therein, and confirmation thereof... 242

SALES IN GENERAL.}

SECTION 1516. Personal estate first chargeable. Real estate, when sold...... 234

1517. No sales valid, except by order of Probate Court..........

1518. Applications for orders of sale..............

1519. But one petition, order, and sale, must be had when it is pos-

sible to do so..........

1523. Order to sell personal property...........

SALES OF PERSONAL PROPERTY.

SECTION 1522. Perishable and depreciating property to be sold........

1524. Partnership interests and choses in action, how sold.........

1525. Order of sale, what to direct and what to be first sold.............. 239

1526. Sale of personal property........

SUMMARY SALES OF MINES AND MINING INTERESTS.

SECTION 1529. Mines may be sold, how...........

1530. Petition for sale, who may file and what to contain............

1531. Order to show cause, how made, and on what notice..............

1532. Order of sale, when and how made..................... ..........

1533. Further proceedings to conform to Articles II and IV.............................. 242

THE SALE OF REAL ESTATE, INTERESTS THEREIN, AND CONFIRMATION THEREOF.

SECTION 1536. To sell real estate, when...........

1537. Verified petition for sale, what to contain, and to what it may

refer..........

1538. Order to persons interested to appear.............................

1539. Copy to be served, assent given, or publication_made................................

1540. Hearing after proof of service. Presentation of claims................................ 248

1541. Administrator, executor, and witnesses may be examined........ 251

1542. To sell real estate or any part, when......

1543. Order of sale, when to be made...........

1544. What the order of sale must contain. May be at public or pri-

vate sale...............

1545. Interested persons may apply for order of sale. Form of peti-

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