Clerk of Probate Court to transmit papers, etc., necessary for trial of issue,

to District Court-after trial the clerk of the District Court to make

return to Probate Court,

SECTION.

Costs to be paid by party, or out of estate, and execution therefor,

301

302

CHAPTER XIV.

PUBLIC ADMINISTRATORS.

PUBLIC ADMINISTRATOR-his election, and term of office,

302 A

The bond to be executed by him-its condition and amount discretion of

Probate Judge as to amount,

302 B

Duties and compensation of,

302 C

Not to be interested in certain expenditures, nor to be associated in busi-

ness with any person so interested, etc.,

302 D

To make semi-annual return-return to be published or posted-moneys

unclaimed-how disposed of,

302 E

When to settle with county clerk,

302 F

Statements under oath as to amount of money received, etc.,

If letters regularly granted to any other person, public administrator to de-

Complaint by public administrator for embezzling property, etc.,

Public administrator may be ordered to account, etc.,

To render a yearly account,

Former act, to regulate the settlement of the estates of deceased per-

Other issues of fact, how disposed of,

309

310

311

312

313

314

To whom property of a person dying intestate shall descend and be dis-

Issues of marriages deemed null in law, or by divorce declared legitimate,

Degrees of kindred computed according to the civil law,

Advancements made by intestate in his life time to any heir or descendant, 819-823

Inheritance by husband and wife from each other,

324

Inheritance "by right of representation" explained,

325

Inheritance by posthumous children,

325

Inheritance by aliens, and disposition of their interest when uncalled for,

326

CHAPTER XVI.

ESCHEATED ESTATES.

When property escheats to the State,

Proceedings by attorney-general to secure property escheated,
Receiver of rents and profits may be appointed,

331

333

335

When owner of escheated property may appear and make claim,
An informer entitled to five per cent on the amount recovered by the State,
Moneys accruing from escheats to be paid into the treasury, and converted
into bonds to the credit of the "school fund,"

CHAPTER XVII.

THE APPOINTMENT AND DUTIES OF GUARDIANS.

Probate Judge to appoint guardians for minors residing or having estate in

Guardian for such insane or incompetent person appointed,

Powers and dutics of such guardian,

Debts of ward to be paid out of his property,

Duty of guardian in collecting and managing estate of ward,

Guardian may join in partition,

341

342

343

343 A

344

345

346

Insane or other incompetent persons may be produced before Probate Judge,

347

348

349

350

351, 352

353

Guardian to make and return inventory and appraisement-how to account

Expenses and compensation of guardians,

Limitation of action on bond,

Complaint of embezzling, etc., property of ward,

Appointment of guardian for minor not resident in the State,

Powers, bond, duties, and liability of such guardian,

376

377

378

379 to 381

382

383

384

385

386

387

388

389

Consent of proper person to be had in writing,

390, 391

When executors may apprentice a minor,

392

Supervisors and town officers may bind out child,

393, 394

Age of child to be ascertained and inserted in the indentures,

Guardian of insane persons may contract as to their lands in certain cases,

Wills, except nuncupative wills, to be in writing, signed and attested,

Competency of subscribing witnesses,

410

411

Gifts of subscribing witnesses void-creditor a competent witness,

Witness who is devisee, etc,

Antecedent will not revived by revocation of subsequent will,

418

Effect of marriage, as a revocation,

419, 420

Covenant to convey property devised, not a revocation of the devise,

Mortgage not a revocation of will,

421

422

Children born after making of will,

423

Children, or issue of children of testator unprovided for by his will,

424

Share of child born after the making of a will, etc., out of which part of

SECTION.

the estate to be paid,

425

Advancement during life-time of testator,

:

426

Death of devisee, being relation of testator in the life-time of testator,

leaving lineal descendants,

427

Devisees of land-how construed,

428

Property acquired after the making of will to pass thereby.

429

Wills made out of this State, must be executed according to the provisions

Exemption of property of widows and orphans from taxation,

Undivided property of deceased persons-taxes on, etc.,

Redemption by minors of lands sold for taxes,

Probate Judge to direct payment of taxes—no decree for distribution to be

made until taxes paid,

Tenancy by courtesy, and dower, not allowed.

Disposition of community property, upon the death of husband or wife,

Marriage contract by minor,

No marriage contract to alter the order of descent, etc.,

Married woman may insure the life of her husband, etc.,

The insurance may be made payable to her children,

INDEX,

432

433

434

435

436

437

438

439

440

441

PAGE 153

TERMS OF PROBATE COURTS,

IN THE DIFFERENT COUNTIES OF THE STATE.

Alameda...

Butte...

Calaveras......

Colusi....

Humboldt...

Merced.... Monterey

Napa...

3d Mondays of January, March, May, July, September and November.

4th Monday in February and May; Third Monday in August, and Second Monday in December.

1st Monday January, April, July; 3d Monday October.

1st Monday January, March, May, July, September and November.

2nd Monday February, April, June, August, October and December.

1st Monday January, March, May, July, Sept. and November.

1st Monday February, April, June, August, October and December.

3d Monday March and July; and 2nd Monday of November.

San Bernardino.. 4th Monday January, April, July and October. San Francisco... 3d Monday January, March, May, July, Sept. and November.

San Luis Obispo.. 4th Monday January, April, July and Oct. San Mateo..... Tuesday after County Court; County Court, 1st Monday March, July and November. Santa Barbara... 4th Monday January, April, July and Oct. Santa Clara..... 4th Monday February, June and October. Santa Cruz.. 1st Monday February, April, June, August, October and December.

Sierra....

Siskiyou.....

Solano....
Sonoma

Tehama

Tuolumne.
Yolo....

...

1st Monday May, August, October and Dec. 1st Monday January, April, October; 3d. Monday July.

4th Monday January, April, July and October.
1st Monday January, April, July and October.
1st Monday February, April, June, August,
October and December.

1st Monday February, June and October.
1st Monday January, March, July, September
and November.

In all the counties not named above, the regular terms are held on the fourth Monday of each month. See p. 18, post.