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Recorded decree or order to impart notice

from date

of filing.

Citation, how directed, and what

The Court or Judge may, however, order a less number of publications during the period.

1706. (§ 11.) When it is provided in this Title that any order or decree of a Probate Court or Judge, or a copy thereof, must be recorded in the office of the County Recorder, from the time of filing the same for record notice is imparted to all persons of the contents thereof.

1707. Citations must be directed to the person to be cited, signed by the Clerk, and issued under the to contain. seal of the Court, and must contain:

Citation, how issued.

Citation, how served.

Personal notice given by citation.

Citation to be served five days before

return.

One description

of real estate

sought to be sold,

1. The title of the proceeding;

2. A brief statement of the nature of the proceeding;

3. A direction that the person cited appear at a time and place specified.

1708. The citation may be issued by the Clerk upon the application of any party, without an order of the Judge, except in cases in which such order is by the provisions of this Title expressly required.

1709. The citation must be served in the same manner as a summons in a civil action.

1710. When personal notice is required, and no mode of giving it is prescribed in this Title, it must be given by citation.

1711. (§ 290.) When no other time is specially prescribed in this Title, citations must be served at least five days before the return day thereof.

1712. When a complete description of the real property of an estate sought to be sold has been given and published in a newspaper, as required in the order published, to show cause why the sale should not be made, such description need not be published in any subsequent

being

is sufficient

for all

purposes.

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.

Rules of

practice

1713. (§ 293.) Except as otherwise provided in this Title, the provisions of Part II of this Code are generally. applicable to and constitute the rules of practice in the proceedings mentioned in this Title.

1714. The provisions of Part II of this Code, rela- New trials and appeals tive to new trials and appeals-except in so far as they are inconsistent with the provisions of this Titleapply to the proceedings mentioned in this Title.

Within

1715. The appeal must be taken within sixty days what time after the order, decree, or judgment is entered.

1716. (§ 294.) All issues of fact joined in the Probate Court must be tried in conformity with the requirements of Article II, Chapter II, of this Title, and in all such proceedings the party affirming is plaintiff, and the one denying or avoiding is defendant. Judgments therein on the issues joined, as well as for costs, may be entered and enforced by execution or otherwise, by the Probate Court, as in civil actions.

1717. (§ 294.) If no jury is demanded, the Court must try the issues joined. If, on written demand, a jury is called by either party, and the issues are not sufficiently made up by the written pleadings on file, the Court, on due notice to the opposite party, must settle and frame the issues to be tried, and submit the same, together with the evidence of each party, to the jury, on which they must render a verdict. Either may move for a new trial upon the same grounds and errors, and in like manner, as provided in this Code for civil actions.

appeals must be taken.

Issues Probate

joined in

Court, how

tried and

disposed of.

Court to try

case when

no jury is How and

demanded.

what issues to be tried.

Court to appoint attorney

for minor or absent heirs, devisees,

legatees, or

creditors,

when, and

what com

pensation he is to receive.

Decree relative to

and effect

thereof.

1718. (§ 295.) At or before the hearing of petitions and contests for the probate of wills; for letters testamentary or of administration; for sales of real estate and confirmations thereof; settlements, partitions, and distributions of estates; setting apart homesteads; and all other proceedings where all the parties interested in the estate are required to be notified thereof, the Court must 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 county, or who are non-residents of the State; and may, if he deem it necessary, appoint an attorney to represent those interested who, though they are neither such minors or non-residents, are unrepresented. The order must specify the names of the parties for whom the attorney is appointed, who is thereby authorized to represent such parties in all such proceedings had subsequent to his appointment. The appearance of the attorney is sufficient proof of the service of the notice on the parties he is appointed to represent. The attorney may receive from the distributive shares of the estate set apart for the parties whom he represents, a fee not exceeding fifty dollars for his entire services; if there is no distribution of the estate, this fee must be paid out of the funds of the estate as necessary expenses of administration. If, for any cause, it becomes necessary, the Probate Court may substitute another attorney for the one first appointed, in which case the fee must be proportionately divided.

1719. (§ 296.) When a judgment or decree is homestead, made, setting apart a homestead, confirming a sale, making distribution of real estate, or determining any other matter affecting the title to real estate, a certified copy of the same must be recorded in the office of the Recorder of the county in which the land is

situated. If the person entitled to the homestead or distribution is also executor or administrator, the recorded order of the Probate Court vests title thereto in such person, without a deed from the executor or administrator.

1720. (§ 302.) When it is not otherwise prescribed in this Title, the Probate 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. Execution for the costs may issue out of the Probate Court.

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adminis

trator, or be removed contempt,

guardian to when committed for

and

another

1721. Whenever an executor, administrator, or Executor, guardian is committed for contempt, in disobeying any lawful order of the Probate Court or the Judge thereof, and has remained in custody for thirty days without obeying such order or purging himself other wise of the contempt, the Probate Court may, by order reciting the facts, and without further showing or notice, revoke his letters and appoint some other person, entitled thereto, executor, administrator, or guardian in his stead.

NOTE. The sections marked thus: (? 135), (? 87), and so on, refer to the sections of the Act of 1851, and are retained for convenience.

appointed.

CHAPTER XIII.

OF PUBLIC ADMINISTRATOR.

SECTION 1726. What estates to be administered by Public Adminis

trator.

1727. Public Administrator to obtain letters, when and how.

His bond and oath.

1728. Duty of persons in whose house any stranger dies.
1729. Must return inventory and administer estates accord-

ing to this Title.

What

estatos to bo administered by Public

Admin

istrator.

Public Adminis trator to obtain letters, when

and bow

SECTION 1730. When another person is appointed administrator or executor, Public Administrator to deliver up the

estate.

1731. Civil officers to give notice of waste to Public Admin

istrator.

1732. Suits for property of decedents.

1733. Order to examine party charged with embezzling

estate.

1734. Punishment for refusing to attend.

1735. Order on Public Administrator to account.

1736. Every six months to make and publish return of con

dition of estate.

1737. When there are no heirs or claimants, moneys and effects paid to County Treasurer, etc.

1738. Not to be interested in the payments for or on account of estates in his hands.

1739. When to settle with County Clerk, and how unclaimed estate disposed of.

1740. Proceedings, how and by whom instituted against Public Administrator failing to pay over money as ordered.

1741. Fees of officers, when and by whom paid.

1742. Public Administrator to administer oaths.

1743. Preceding Chapters applicable to Public Administra

tor.

1726. Every Public Administrator, duly elected, commissioned, and qualified, must take charge of the estates of persons dying within his county, as follows:

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 the estates of decedents who leave no known heirs;

3. Of estates ordered into his hands by the Probate Court; and,

4. Of estates upon which letters of administration have been issued to him by the Probate Court.

1727. Whenever a Public Administrator takes charge of an estate, which he is entitled to administer without letters of administration being issued, or under order of the Court, he must, with all convenient dispatch, procure letters of administration thereon, in

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