California Probate Law and Practice

Sections

$ 360.

That said minor has no other means of maintenance and education, and it becomes necessary therefor to make a sale of some part of said real estate.

Your petitioner would further represent that said land being wholly unproductive, § 256. it would be greatly for the benefit of said minor if the whole were sold, and the proceeds, after providing for the wants of the minor as above stated, be invested in some safe securities from which an accruing interest and profit could be derived. Wherefore, your petitioner prays, that an order may be made, directed to the next of kin of the said minor, and to persons interested in the estate, to be and appear before this court, at such time as the court may appoint, to show cause why an order should not be granted for the sale of said real estate; and that upon such §359. hearing, this Hon. Court may order said land or such part thereof as may be for the best interest of said minor, be sold for the purposes above mentioned. And your petitioner will ever pray, etc.

THOMAS COLE, Jr.

ORDER TO SHOW CAUSE AND TO MAKE PUBLICATION. (§ 360, 361.) [Title of Estate and Court as in the foregoing.]

On reading and filing the petition of Thomas Cole, Jr., praying for a sale of real estate, and it appearing therefrom, that a sale of the whole or of some portion of the real estate of said minor would be for his benefit, and is necessary,

It is hereby ordered, that the next of kin of said minor, and all persons interested in said estate appear before this court, at the court room thereof, at the city hall, in the city and county of San Francisco, on Monday, the 7th day of June, 1858, at § 360. 11 o'clock, A. M., then and there to show cause why an order should not be granted for the sale of such real estate, and let a copy of this order be published twice a week for three weeks successively, before the said day appointed, in the "Daily San § 361. Francisco Times," a newspaper printed anu published in said city and county of

Benjamin Bewster, guardian of the above named minors, having heretofore presented to the Probate Court of the city and county of San Francisco, his petition for authority to sell the real estate in the State of California in which said minors are interested, for the immediate relief of said minors, they being in poor and needy circumstances and without the means of maintenance and education, and said real estate being in litigation; And the said probate court having upon such petition made an order directing the next of kin of said minors and all persons interested in said estate, to appear before said probate court, at the court room thereof at the City Hall in the city and county of San Francisco, on Monday, the 21st day of June, 1858, at 11 o'clock, A. M., then and there to show cause why an order should not be granted for the sale of said real estate; Now on this 21st day of June, 1858, on reading and filing satisfactory proof by affidavit, of the publication of said order, and the said guardian Benjamin Brewster, having appeared by his attorney, E. D. Sawyer, and the proper proceedings having been thereupon had (no one appearing to oppose the application) and the probate court upon due examination being satisfied after a full hearing upon the said petition, that a sale of the whole of the property mentioned in the said petition is necessary to be made for the maintenance and support of said minors,

It is ordered by the court, that the said Benjamin Brewster, guardian as afore

said, do sell the right, title and interest of said minors of, in and to the following described real estate, for the support and maintenance of said minors, that is to say: [Here follows description of property.]

And it is further ordered, that the said sale be made at public auction, according to law, and that it be made for cash, and that the said guardian do make return of said sale to this court, according to law. M. C. BLAKE, Probate Judge.

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NO. 200.

ORDER ALLOWING GUARDIAN'S ACCOUNT. (§ 370, 382.)

In the Matter of the Estate
and Guardianship
of

Mary Evelina Brunell, an infant,

In the Probate Court
of the County of San Francisco.

On reading and filing the account of Orson A. Reynolds, guardian of Mary Evelina Brunell, an infant, filed in this court the twenty-third day of October, A. D. eighteen hundred and fifty six; and also on filing the vouchers appertaining thereto; and also on filing the notice required by law to be given of the settlement of said account with due proof of publication or posting as required by law; and the matter of said accounting coming on to be heard on the third day of October, A. D. eighteen hundred and fifty-six, and no one appearing to oppose; and the said account and vouchers having been duly examined by this court and found to be correct, and reasonable for the interests of said infant;

And on motion of Messrs. Jones, Doyle, Barber & Boyd, of counsel for said guardian,

It is ordered that the said account of the said Orson A. Reynolds, guardian of the said infant, be and the same is hereby passed, approved and allowed, as tendered by him ;

And it is hereby further ordered that the said guardian be allowed the commissions charged by him in said account, as and for his compensation.

Dated San Francisco, November 10th, 1858.

T. W. FREELON, Probate Judge.

NO. 201.

BOND BY GUARDIAN ON THE SALE OF REAL ESTATE. (§ 366, 375, 73, 76.)

Know all men by these presents, that we, Charles Lumbard, principal, and William A. Yates and Thomas Cole, Jr., sureties, are held and firmly bound to the Probate Judge of the city and county of San Francisco, in the sum of five thousand dollars, lawful money of the United States of America, for the payment whereof well and truly to be made, we bind ourselves, our heirs, executors, administrators or assigns, jointly and severally, firmly by these presents.

Sealed with our seals, and dated this 30th day of June, 1858.

The condition of the above obligation is such, that whereas an order has been made by the Probate Court of the city and county of San Francisco, authorizing the above named principal, as guardian of the person and estate of Sarah Morey, a minor, to sell certain real estate, the property of said minor, and bond in the sum above named has been ordered.

Now therefore, if the said Charles Lumbard, as such guardian, shall sell the said real estate in the manner prescribed by law for sales of real estate by executors and administrators, and shall account for and dispose of the proceeds of the sale or sales thereof in the manner provided by law, then this obligation to be void, otherwise to remain in full force and effect.

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State of California, City and County of San Francisco, ss.

Thomas Cole, Jr. and William A. Yates being duly sworn each for himself says that he is a freeholder resident in this State, and is worth the said sum of five thousand dollars over and above all his just debts and liabilities, exclusive of property exempt from execution.