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a 28,863

Entered according to Act of Congress, in the year 1858,

By D. P. BELKNAP, In the Office of the Clerk of the District Court of the United States for the Northern

Distriet of California.


The preparation of the present volume, was suggested by the lack of uniformity observable in proceedings under the statute relative to the estates of deceased persons, and the diverse and often conflicting views of practitioners as to the proper forms to be employed and the correct practice to be followed—matters which necessarily fell under my notice while acting as Clerk of the Probate Court in the city nd county of San Francisco.

It occurred to me that a careful compilation of all the statutes of our State relating to proceedings in the Probate Courts, with the amendments thereto, accompanied by a body of forms and precedents, for all such proceedings, would, even if imperfectly executed, constitute a work useful to those having occasion to practice in these courts, and also to executors, administrators and guardians,and to all, in short, connected with or interested in the management and settlement of the estates of deceased persons.

In the present work, which is prepared to meet the want thus existing, will be found a full collection of the various statutes of this State appropriate to the subject, with notes under the respective sections and chapters, of all decisions of our Supreme Court applicable, and of such other authorities within my reach as seemed in point. A large number of the latter are cases from the Texas Reports, the probate system of that State, in many respects, very closely resembling our own.

The Forms contained in the Appendix are, in part, selected from the Records of the Probate Court of this County, and in part drawn from the Statute for the purpose of this work; and will be found, I think, to contain precedents for all ordinary proceedings embraced under the statutes selected.

I have been much aided in my labors by Jas. F. Bowman, Esq., to whose assistancc I am greatly indebted for an early completion of the work.

D. P. BELKNAP. SAN FRANCISCO, July 26th, 1858.


Page 81, note to section 195, read “ See Sec. 136," for " See Sec. 131.".

Page 81, in the last line of the note under section 195, read “ See Cole vs. Robertson, noted at the end of chapter vi." instead of “ See Cola vs. Robertson, noted under section 131.".

Form No. 8, of Appendix, second paragraph, for “ Westchester, State of California," read “Westchester, State of New York."

Form No. 77 of Appendix, to the affidavit of Robert C. Johnson, after the words “is justly due to this claimant” add “ that no payments have been made thereon, and that there are no offsets to the same to the knowledge of deponent." See the affidavit of N. Luning, in the preceding Form, No. 76.


To whom letters to issue upon probate of will, .
Wbo incompetent to serve as executors; when person named incompetent,

letters of administration with the will annexed to issue,
Objections to the granting letters to the persons named as executors may

be filed, etc., .

Effect of marriage of executrix, .

Executor of executor not to administer, etc., . . .

When minor is named executor, ..

When all the executors named are not appointed, .

Authority of administrators with the will annexed, ..

Letters must be signed by the clerk, and be under the seal of the court,

Form of letters testamentary and of administration, .

To what persons administration shall be granted, and the order in which

they shall be entitled,

Surviving partner, in no case to administer,
In case of applicants equally entitled,

What persons not entitled to administer,

Marriage of administratrix, effect of,

If person entitled to administration a minor, .

Application for letters how made, .

Letters only granted a regular or special term of the cou

Notice of application for letters, time of, etc.,

Application may be contested,

The hearing, . . .

. .

The minutes of the court conclusive as to notice, .

If person entitled to administration fail to appear and claim letters,

Death of intestate to be proved before grant of letters, .

Grant to persons not entitled at request of person entitled,

Petition for revocation of letters, and proceedings thereon,

. 67-70

Form of letters of administration,

Oath to be taken by administrator-bonds to be given, etc.,


Justification of sureties—sureties for portions,

Citation and examination of sureties, etc., and proceedings if security not

given, .

, 76 A, 76B

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