Executor, administra. dian to be removed when com contempt, Executors and administrators are individually responsible for costs recovered against them in every case, but they shall be allowed them in their administration accounts, except when it appears that the action has been prosecuted or rejected without just cause. Hicox v. Graham, 6 Cal. 167. Where a complainant unnecessarily and without sufficient excuse, long neglects to prosecute his claim against an estate, though he recover the principal property, he will be refused rents and profits, and the cost will be divided. Lindsay v. Lindsay, 1 De Saussure, 150. See, also, Abila v. Padilla, 19 Cal. 388, which, however, may be considered obsolete, on account of changes in the law. SEC. 1721. Whenever an executor, administrator or guartor or guar. dian is committed for contempt, in disobeying any lawful order of the probate court or the judge thereof, and has remitted for mained in custody for thirty days without obeying such and another order, or purging himself otherwise 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. appointed. N. S. The power of the probate judge to remove, in his discretion, an administrator for any of the causes named in the statute, will not be interfered with by the appellate court, unless it should be clearly shown that there has been a gross abuse of discretion. Deck's Estate v Chamber car 000 Page 232. 1722. (N. S.) Whenever an infant, insane, or incompetent person has a guardian of his estate residing in this State, personal service upon the guardian of any process, notice, or order of the Probate Court concerning the estate of a deceased person, in which the ward is interested, is equivalent to service upon the ward; and it is the duty of the guardian to attend to the inSuch guardian may terests of the ward in the matter. also appear for his ward, and waive any process, notice, or order to show cause which an adult or a person of sound mind might do. CHAPTER XIII. OF PUBLIC ADMINISTRATOR. SECTION 1726. What estates to be administered by public administrator. 1728. Duty of persons in whose house any stranger dies. 1729. Must return inventory and administer estates according to 1730. When another person is appointed administrator or executor, 1731. Civil officers to give notice of waste to public administrator. 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 condition of 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 es- 1739. When to settle with county clerk, and how unclaimed estate disposed of. 1740. Proceedings, how and by whom instituted, against public 1741. Fees of officers, when and by whom paid. 1742. Public administrator to administer oaths. 1743. Preceding chapters applicable to public administrator. estates to be SEC. 1726. (23.) Every public administrator, duly elected, what commissioned and qualified, must take charge of the estates adminisof persons dying within his county, as follows: tered by public administrator. 1. Of the estates of decedents for which no administra- N. S. tors are appointed, and which in consequence thereof, are being wasted, uncared for, or lost; 2. Of the estate of decedents who leave no known heirs, or are strangers; 3. Of estate ordered into his hands by the probate court; and, Public administrator to obtain letters, when and how. N. S. His bond and oath. 4. Of estate upon which letters of administration have been issued to him by the probate court. Statutes of 1851, p. 207, §3; 1860, p. 105, § 3. See section 1411, ante. When public administrator to administer.-The public administrator of the city and county of San Francisco, can take upon himself the duties of an administrator of a given estate only by virtue of a special grant made upon a petition therefor, filed in the matter of such estate. He does not, by virtue of his office, acquire the right to administer upon any particular estate. Estate of Hamilton, 34 Cal. 464. Rogers v. Hoberlin (11 Cal. 120), was not designed to decide more than that the public administrator must show a grant of administration upon the particular estate. Abel v. Love & Fowler, 17 Cal. 233. Bond.-Section two of the act "concerning the office of public administrator for the county of San Francisco" (Laws 1851, p. 318), fixed the bond of the public administrator for that county at the sum of $50,000. That act was passed March 8, 1851. The act "concerning the office of public administrator," etc., passed April 15, 1851; and the former act would seem to be repealed by the effect of sections 1 and 10 of the latter. As the public administrator is required to give bond and take the official oath, it seems to have been the intention of the statute to dispense with the bond and oath required of the administrators in each particular case. Beckett v. Selover, 7 Cal. 215. Requisites before taking charge of estates.-There must be a judicial grant of administration to the public administrator in each particular case. His commission, therefore, cannot prove that he is the regular administrator upon the particular estate; he must show a grant of administration, like any other administrator. Ibid. But where the court made a regular order that letters should issue to the public administrator, as no bond or oath was required as a condition precedent, the omission to issue the letters is not fatal. Ibid. A public administrator having administration of an estate, continues such administrator after the expiration of his term of office, and until his authority is directly set aside or indirectly revoked by another appointment. Rogers v. Hoberlin, 11 Cal. 120. To vest the incoming administrator with title to the estate, there must be a grant of administration to him; the mere handing over the papers by the old administrator to the new, is not sufficient. Ibid. SEC. 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 a like manner and on like proceedings as letters of administration are issued to other persons. His official bond and oath are in lieu of the administrator's bond and oath, but when real estate is ordered to be sold, another bond may be required by the court. See cases cited under preceding section. sons in house any dies. SEC. 1728. (2 304.) Whenever a stranger, or person Duty of perwithout known heirs, dies intestate in the house or premises whose of another, the possessor of the premises, or any one know- stranger ing the facts, must give immediate notice thereof to the public administrator of the county; and in default of so doing, he is liable for any damage that may be sustained. thereby, to be recovered by the public administrator, or any party interested. Statutes of 1851, p. 488, § 304. The right of the public administrator to take immediate possession of any particular estate which he decides comes within sections 304 and 305, would seem to be in virtue of his office, and in case he errs and takes possession of an estate upon which he cannot administer regularly, then he must deliver over the assets to the regular administrator, under section 306, and when regular administration is granted to him, and afterwards it shall be discovered that another party is entitled to administration, then, under section 311, the court at any time may order the delivery of the assets to the person entitled. Beckett v. Selover, 7 Cal. 215. See sections 1736 and 1739, post. inventory must Must return taken and adminsame according to SEC. 1729. (2305.) The public administrator make and return a perfect inventory of all estates into his possession, administer and account for the according to the provisions of this title, subject to the control and direction of the probate court. Statutes of 1851, p. 488, § 305. See Rogers v. Hoberlin, 11 Cal. 127, cited under next section. The public administrator is personally liable upon a contract made in relation to estates upon which he administers, unless the idea of such personal liability be excluded by the contract. Duinelle v. Henriquez, 1 Cal. 387. The intention of the fourteenth chapter of the act concerning the estates of deceased persons, seems to be that the public administrator should at once take possession of the estate of all persons dying without known heirs. Beckett v. Selover, 7 Cal. 215. As to the right of the public administrator to take possession of any particular estate under the three hundred and fourth and three hundred and fifth sections, it would seem to be in virtue of his office, and he must deliver it up to the person showing himself entitled thereto. Ibid. It seems that the public administrator is entitled to administration upon all estates not otherwise administered. Ibid. And see section 1365, ante, and cases noted. ister estates this title. When another person is appointed ad or executor, public ad SEC. 1730. (2306.) If, at any time, letters testamentary or of administration are regularly granted to any other perministrator son on an estate of which the public administrator has charge, he must, under the order of the probate court, account for, pay and deliver to the executor or administrator thus appointed, all the money, property, papers and estate of every kind, in his possession or under his control. Statutes of 1851, p. 488, § 306. ministrator to deliver up the estate. Civil officers to give notice of waste to See Beckett v. Selover, 7 Cal. 215, cited under section 1728, ante. Being nearer of kin to the decedent than any other person in the United States does not give a right to administer; if the next of kin is not here, or is legally disqualified, the public administrator is entitled to administer. The Public Administrator v. Wells, 1 Paige, 347. A public administrator having administration of an estate, continues such administration after the expiration of his term of office, and until his authority is directly set aside, or indirectly revoked by another appointment. Rogers v. Hoberlin, 11 Cal. 127. SEC. 1731. (8 307.) All civil officers must inform the public administrator of all property known to them, belongpublic ad- ing to a decedent, which is liable to loss, injury or waste, and which, by reason thereof, ought to be in the possession of the public administrator. ministrator. Suits for property of Statutes of 1851, p. 488, § 307. SEC. 1732. (8 308.) The public administrator must indecedents. stitute all suits and prosecutions necessary to recover the property, debts, papers, or other estate of the decedent. Order to examine party Statutes of 1851, p. 488, § 308. The public administrator has no power under the act relative to persons dying intestate, etc., to administer on goods shipped at a foreign port and arriving here after the death of the intestate. Hammond v. McLea, 2 Johns. Ch. 493. SEC. 1733. (8 309.) When the public administrator charged complains to the probate judge, on oath, that any person embezzling has concealed, embezzled or disposed of, or has in his pos with estate. session, any money, goods, property or effects, to the possession of which such administrator is entitled in his official capacity, the judge may cite such person to appear before the probate court, and examine him on oath touching the matter of such complaint. Statutes of 1851, p. 488, § 309. See section 1459, ante, et seq. |