§ 273. All questions as to advancements made, or alleged Questions as to to have been made, by the deceased to any heirs, may be be decided by heard and determined by the probate court, and shall be

advancements to

probate court.

Court may ap

take possession for absentees.

specified in the decree assigning the estate, and in the warrant to the commissioners, and the final decree of the probate court, or in case of appeal, of the district or supreme court, shall be binding on all parties interested in the estate. [Form No. 183, Appendix.]

§ 274. When any estate shall be assigned by decree of point agent to the court, or distributed by commissioners, as provided in this chapter, to any person residing out of this State, and having no agent therein, and it shall be necessary that some person should be authorized to take possession and charge of the same for the benefit of such absent person, the court may appoint an agent for that purpose, and authorize him to take charge of such estate, as well as to act for such absent person in the partition and distribution.

bond.

[Forms No. 175, Appendix.]

Agent to give § 275. Such agent shall give a bond to the judge of probate, to be approved by him, faithfully to manage and account for such estate, before he shall be authorized to receive the same; and the court appointing such agent may allow a reasonable sum out of the profits of the estate for his services and expenses.

§ 276. When the estate shall remain in the hands of the agent unclaimed for a year, it shall be sold under the order of the court, and the proceeds, deducting the expenses of the sale, to be allowed by the court, shall be paid into the State treasury. When the payment is made, the agent shall take from the treasury duplicate receipts, one of which he shall file in the office of the controller, and the other in the probate court.

§ 277. The agent shall be liable on his bond for the care and preservation of the estate while in his hands, and for the payment of the proceeds of the sale, as required in the preceding section, and may be sued thereon by any person interested.

§ 278. When any person shall appear and claim the money paid into the treasury, the probate court making the distribution, being first satisfied of his right, shall grant him a

certificate under its seal; and upon the presentation of the certificate to the controller, he shall draw his warrant on the treasurer for the amount.

Decree dis

tor, etc.

§ 279. When the estate has been fully administered, and it is shown by the executor or administrator, by the produc-charging execution of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up under the order of the court all the property of the estate to the parties enti- . tled, the court shall make a decree discharging him from all liability to be incurred thereafter.

[Form No. 185, Appendix.]

Letters of ad

issue after such

§ 280. The final settlement of an estate shall not prevent a subsequent issuance of letters of administration, should ministration may other property of the estate be subsequently discovered, or decree. should it become necessary or proper from any cause that letters should be again issued.

CHAPTER XII.

REMOVAL OF EXECUTORS AND ADMINISTRATORS IN CERTAIN

CASES.

cutors, etc., may

§ 281. Whenever the probate judge has reason to believe, from his own knowledge, or from credible information, that Powers of exeany executor or administrator has wasted, embezzled, or mis- be suspended. managed, or is about to waste or embezzle the property of the estate committed to his charge, or has committed, or is about to commit, a fraud upon the estate, or has become incompetent to act, it shall be his duty, by an order entered upon the minutes of the court, to suspend the powers of such executor or administrator until the matter can be investigated.

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. Gherke, 6 Cal. R., 666.

istrator may be

§ 282. During the suspension of the powers of the execu Special admin-tor or administrator, under the authority of the preceding appointed. section, the probate judge may, if the condition of the estate requires it, appoint a special administrator to take charge of the effects of the estate, who shall give bond, and account as other special administrators are required to do.

See sections 88 to 94, inclusive.

§ 283. When such suspension has been made, notice thereExecutor to of shall be given to the executor or administrator, and he have notice of shall be cited to appear and show cause why his letters and to be cited to should not be revoked. If he fail to appear in obedience to

his suspension,

appear.

Any party interested may ap

the citation, or if, appearing, the court be satisfied that there exists cause for his removal, his letters shall be revoked, and letters of administration granted anew, as the case may require.

§ 284. At the hearing, any person interested in the estate pear on hearing. may appear and file his allegations in writing, showing that the executor or administrator should be removed. Such allegations shall be heard and determined by the court.

Executor, etc., absconding.

See Sec. 18, ante, and cases cited.

285. If the executor or administrator has absconded, or conceals himself, or has removed from the county, notice may be given him of the pendency of the proceedings, by publication, in such manner as the court may direct; and the court may proceed upon such notice as if the citation had been personally served.

$286. In the proceedings authorized by the five preceding sections of this chapter, for the removal of an executor or Attachments administrator, the court may compel his attendance, by attachment, and may compel him to answer questions, on oath, tcuching his administration, and upon his refusal so to do may commit him until he obey.

to compel attendance.

CHAPTER XIII.

MISCELLANEOUS PROVISIONS.

Orders, decrees,

ed.

§ 287. All orders and decrees made by the probate court, during its terms, shall be entered at length in the minute- etc., to be enter book of the court; and also all orders which the probate judge is empowered to make out of term-time, and which are, by this act, specially required to be so entered. Upon the close of each term, the judge shall sign the minutes of the proceedings.

Personal notice

§ 288. Whenever personal notice is required by this act to be given to any party to a proceeding in the probate how given. court, and no other mode of giving notice is prescribed, it shall be given by citation, issued from the court, signed by the clerk, and under the seal of the court, directed to the sheriff of the proper county, and requiring him to cite such person to appear before the court or judge, as the case may be, at a time and place to be named in the citation. In the body of the citation shall be briefly stated the nature or character of the proceeding.

[Forms No. 12, 46, 148, Appendix.]

served.

§ 289. The officer to whom the citation is directed shall Citation, how serve it by delivering a copy to the person named therein,

or to each of them if there be more than one, and shall return the original to the court according to its direction, endorsing thereon the time and manner of service.

[Form No. 46, Appendix.]

§ 290. When no other time is specially prescribed, citation shall be served and returned at least five days before the return day thereof.

Time for service and return.

Clerk of probate minister oaths,

etc.

§ 291. Unless otherwise specially prescribed, the clerk of court may adthe probate court shall have power to administer all oaths issue citations, necessary and proper to be taken, touching any matter pending in the probate court, or in any manner connected

Process.

Practice.

In what cases

district court.

with any proceedings of which the court has jurisdiction, and he shall have power to issue citations and subpoenas upon the application of any party, without the order of the judge, except in those cases in which such order is specially required by law for the issuing of a citation.

§ 292. All writs and processes issuing from the probate court shall be signed by the clerk and authenticated with the seal of the court, except subpoenas, which need not be under seal.

§ 293. The practice in the district court shall be applicable to proceedings in the probate court, so far as the same does not conflict with any enactment specially applicable to the probate court, or is not inconsistent with the provisions of this act, or the act to provide for the appointment and prescribe the duties of guardians.

§ 294. Issues of fact joined in the probate court, shall be issues certified to certified by the probate judge to a district court of the same county for trial, on the application of any person interested in, or to be affected by, the decision thereof, in the cases following: 1st, on granting or revoking letters testamentary or of administration; 2d, on admitting a will to probate; 3d, on revoking the probate, or determining the validity of a will; 4th, on setting apart property, or making allowances for a widow or child; 5th, on application for the sale or conveyance of real property; 6th, on the settlement of an executor or administrator; 7th, on declaring, allowing, or directing the payment of a debt, legacy, claim, or distributive share of the estate. (a.)

Manner of cer

[Forms No. 25, 26 and 164, Appendix.]

§ 295. A probate judge shall certify to a district court tifying issues etc. for trial, any issue of fact, mentioned in the preceding section, when a motion or application is made therefor, to the probate court, in the manner following: 1st, on motion made in open court after notice, and publication (if any is required) of the hearing or trial of the issue in the probate court, shall have been given and made according to law; an entry of which motion shall be made in the minutes; 2d, on filing a written notice with the clerk of the probate court,

(a.) Amended May 7, 1855. Statute 1855, p. 300, section 5; Original section Statute, 1851, p. 486; Compiled Laws, p. 420.