Sections Noble, praying for letters of administration to be issued to himself on said estate, Act. coming on to be heard at the same time; and it appearing to the court that due proof by affidavit on file had been made, that notice had been given of both said petitions according to law, and legal proofs having been made of all the allegations contained in said petition of said Robert C. Rogers, public administrator, as aforesaid; and the allegations and proofs of the opponent and petitioner Noble having been heard and fully considered by the court at the different sessions of said court, held for the hearing thereof as well as other matters. It is therefore ordered and decreed that the petition of said Moses G. Noble praying for letters of administration on the estate of said John C. Cabaniss, deceased, be denied, and the same is hereby denied and the opposition of said Noble to the petition of said Rogers, public administrator as aforesaid, be and the same is hereby overruled. And it is hereby further ordered, adjudged and decreed that letters of administration on the estate of said John C. Cabaniss, deceased, be issued to the petitioner Robert C. Rogers, public administrator of the said city and county of San Francisco. M. C. BLAKE, County Judge. NO. 42. PETITION FOR LETTERS DE BONIS NON, ON DEATH OF FORMER AD- To the Honorable the Judge of the Probate Court of the city and county of San The petition of Patrick McEntire, of said city and county, respectfully shows, that James McEntire, late of said city and county, died intestate in said city and county, on the 24th day of September, A. D., 1857. That said deceased, at the time of his death, was possessed of real estate in said city and county of the value of two hundred and fifty dollars, and personal property of the value of eight hundred and twenty-five dollars. That said deceased left as heirs to his estate, a mother, Jane McEntire, residing in Ireland, in the Kingdom of Great Britain, and two brothers, in this state, one of whom, John McEntire, has since died, leaving no widow nor children, and your petitioner, who is the only surviving brother, and left no other heirs. That said John McEntire, by his petition, filed in this court, on the 6th day of October, 1857, applied for letters of administration to himself upon said estate. That, on the 19th day of the same October, upon hearing the said application, this court ordered, that letters of administration as asked for in said petition, issue to the said John, and that on the 18th day of December, 1857, letters of administration upon the said estate were duly issued to the said John McEntire; that on the 21st day of said December, appraisers upon the said estate were duly appointed by this court; and on the same day, the notice to creditors of said estate to prove their claims was ordered to be published in the San Francisco Herald, twice a week, for four weeks; that on the 28th day of January, 1858, an inventory of said estate, with the appraisement of said appraisers, was duly filed in this court, showing the total value of said estate to be ten hundred and seventy-five dollars. And your petitioner further shows, that the said John McEntire, administrator as aforesaid, upon the said estate, died on the 28th day of February, last past, in said city and county, leaving said estate unadministered upon, except as above stated. Therefore, your petitioner prays, that letters of administration de bonis non upon the said estate of James McEntire, deceased, may be granted to him in pursuance of the statute in such case made and provided. JAMES MCENTIRE. Dated, San Francisco, March 9th, A. D., 1858. Sections Probate NO. 43. ORDER FOR LETTERS ON SAME. (62,97.) In the Matter of the Estate of Probate Court. James McEntire, Deceased. City and County of San Francisco. The petition of Patrick McEntire, filed in this court on the 9th day of March, 1858, praying for letters of administration de bonis non upon the estate of said deceased, coming on to be heard on this 22d day of March, 1858, the time duly appointed for the hearing of the application made by said petition, and due proof having been made to this court that the clerk had given notice thereof by causing notices to be posted up in at least three public places in the said city and county, one of which was at the place where the court is held, stating the name of the deceased, the name of the applicant, and the term of the court at which the application would be heard, the same having been given at least ten days before the hearing, and that the notice was in all respects according to law, and no person interested in said estate appearing to contest the application of the said petitioner, the court proceeded to hear his allegations and proofs, and it being duly proved that the material facts set forth in said petition were true, and especially, that John McEntire, the former administrator of said estate died in said city and county on the 28th day of February, A. D., 1858, leaving said estate unadministered upon, except as set forth in said petition. Now, on this 22d day of March, 1858, it is hereby ordered, that letters of administration de bonis non upon the estate of the said James McEntire, deceased, issue to the said Patrick McEntire, upon his taking the oath prescribed by law, and filing a bond according to law in the sum of two thousand dollars. T. W. FREELON, County Judge, and Ex Officio, Judge of the Probate Court. 0 67. NO. 44. PETITION FOR REVOCATION OF LETTERS OF ADMINISTRATION AND To the Probate Court of the County of San Diego. The petition of Vicente Ceseña, respectfully showeth, that he is the son of Domingo Ceseña, deceased. That administration upon the estate of said deceased, was, by the order of this court, on the day of January, 1856, granted to the public administrator of § 64. this county, no one then appearing to oppose his application for said administration. That your petitioner, after an absence of one year, has lately returned to this county and state, and desires that the administration granted as aforesaid to said public administrator, may be vacated, and his letters revoked, and that letters of 66. administration may be issued to your petitioner, and to John Phoenix, Esq., a resident of this county, whom your petitioner prays may be joined with him in the administration of said estate. And your petitioner will ever pray, etc. May 1, 1856. VICENTE CESEÑA. I, Maria Ceseña, widow of said deceased, unite in the foregoing petition, relinquishing my right of administration in favor of my son, the said Vicente. May 1, 1856. MARIA CESEÑA. I, John Phoenix, editor and proprietor of the San Diego Herald, agree to accept $58. the joint administration of the estate of Domingo Ceseña, deceased, and unite with said Vicente in his above petition. May 1, 1856. JOHN PHENIX. NO. 45. ORDER FOR CITATION AND SPECIAL TERM, (§ 68.) On reading and filing the petition of Vicente Ceseña, praying for a revocation of the administration heretofore granted herein to the public administrator, and the issuance of letters of administration to him and to John Phoenix, Sections It is hereby ordered that, Monday, the day of May, 1856, be appointed a Spe- 68. cial Term for the hearing of said petition, and that a citation be issued by the Clerk of this court to the said public administrator, to appear and answer said petition on the said day of May, 1856, at 10 o'clock in the forenoon, and that the clerk post the usual notices of this application for letters of administration according to law. May 1st, 1856. M. N., Probate Judge. § 60. The People of the State of California to the Sheriff of the county of San Diego, greeting: By order of this court you are hereby required to cite A. B., public administrator of said county, to appear before this Court at the court room thereof, at the Court House in the city and county of San Diego, at a special term of the court, to be held on Monday, the day of May, 1856, at 10 o'clock in the forenoon of that day, then and there to answer the petition of Vicente Ceseña, this day filed herein, asking for the revocation of the letters of administration granted to said public administrator upon this estate, and the issuing of letters of administration to said petitioner and John Phoenix, and make due return of this writ. (§ 289, 290.) Witness, the Honorable C. D., Judge ex officio of our Probate Court, in and for the county of San Diego, with the seal of said court affixed, this 1st [SEAL OF THE PROBATE COURT.] day of May, A. D. 1856. Attest: E. F., Clerk. RETURN OF THE FOREGOING CITATION. (§ 289, 290.) I, G. H., Sheriff of the county of San Diego, certify that I served the within citation on A. B., the public administrator of said county, by delivering to him personally a copy thereof duly certified, on the 2d day of May, A. D. 1856, at the city of San Diego, in the county of San Diego aforesaid. Dated San Diego, May 2d, 1856. G. H., Sheriff of San Diego county. § 288. NO. 47. ORDER REVOKING LETTERS OF PUBLIC ADMINISTRATOR AND GRANT- [Title, etc. as in foregoing.] Application having been duly made to this court to remove A. B., the public administrator of this county, from the administration of this estate, and to grant administration to Vicente Ceseña, the son of said deceased, and to John Phoenix, as co-administrator with said Vicente Ceseña, by petition of said Vicente Ceseña, duly filed herein, and in which petition Maria Ceseña, the widow of deceased, and said John Phoenix join. Now, at this day, which has been appointed by this court, a special term for that purpose, the said application coming on to be heard, and the citation issued under Sections Act. 69. Probate the order of this court to said administrator, being returned and filed with due proof of legal service, and the proceedings being in due form, and the parties ap$68. pearing, the court proceeds to hear the proofs and allegations of the parties, and it § 62. appearing to the court therefrom, that the matters alleged in said petition are true, 69. and that the said Vicente Ceseña and John Phoenix are competent to act as admin$52,55. istrators, and the right of said applicant being established. And it further appearing to this court, that administration of this estate has been heretofore regularly granted to A. B., the public administrator of this county; and due proof having been made to the court and filed herein, that the clerk has given notice of this application for the issuance of letters of administration according to law, by posting ◊ 60. up notices in three public places in this county, one of which was the place at which this court is held, at least ten days before this hearing, stating the name of the deceased, the name of the applicant, and the term (to wit: the special term appointed for the purpose) of the court at which the application would be heard. 64. 62. It is hereby ordered, that the letters heretofore granted to said A. B., public ad69. ministrator, be, and the same are hereby revoked, and that letters of administration $72,73. be granted to said Vicente Ceseña and John Phoenix, upon their taking the oath required by law, and filing separate (74) bonds with sufficient guaranties to be approved by the court, in the sum of five thousand dollars each. M. N., County Judge. $ 72. § 78. § 78. § 79. NO. 48. LETTERS OF ADMINISTRATION. (§ 71.) State of California, City and County of San Francisco. Sarah Mark, is hereby appointed Administratrix of the estate of Harris Mark, deceased. Witness: William Duer, clerk of the probate court, with the seal of the Pro[SEAL] bate court of San Francisco county, affixed this 8th day of February, A. D., 1858. By order of court, State of California, City and County of San Francisco. WILLIAM DUER, Clerk. I do solemnly swear, that I will support the Constitution of the United States and the Constitution of the State of California; that I will faithfully discharge the duties of Administratrix of the estate of Harris Mark, deceased, according to law. SARAH MARK. Subscribed and sworn [or "affirmed," as the case may be] before me, this 8th day of February, 1858. T. W. FREELON, Judge of the Probate Court. NO. 49. PETITION FOR FURTHER SECURITY WHERE SURETIES OF ADMINIS- In the Matter of the Estate of Charles Dais. In Probate Court, Robert Jones comes and represents to and petitions the Probate Court respectfully as follows: That James McCull and Simon Brown, the sureties upon the administrator's bond of William Dais, the administrator [or executor, as the case may be] herein are insolvent, as appears by their petitions in insolvency, respectively filed in the district court of this district [or " are becoming insolvent," state the facts, or other cause, as set forth in section 78] and that the said bond is insufficient. That your petitioner is interested in said estate, being a creditor thereof. Your petitioner would also represent that said administrator is wasting the property of said estate, as is shown by the affidavit of A. B., hereto annexed and made a part of this petition. Wherefore your petitioner prays that a citation may issue to said administrator, requiring him to appear and show cause why he should not give further security, and that in the mean time his powers as such administrator be suspended. [§ 82, see also § 281 to § 286.] [Sworn to as in No. 35.] ROBERT JONES. Application having been made to me for the requirement of further security from the administrator of this estate [or, § 83, without any application "it coming to my knowledge, etc."] on the allegation that the sureties upon his bond have become insolvent, and being satisfied that the matter requires investigation: It is hereby § 79. ordered, that a citation issue to the said administrator, requiring him to appear before me, at my chambers, on the 10th day of May, 1857, at 10 o'clock, A. M., to § 87. show cause why he should not give further security: And it being alleged on the oath of A. B., whose affidavit is annexed to said petition, that said administrator is wasting the property of said estate : It is ordered, that the powers of said admin- § 82. istrator be suspended until the matter can be heard and determined. T. W. FREELON, County Judge. Dated, May 5, 1857. The People of the State of California, to the Sheriff of the City and County of San By order of this court, you are hereby required to cite William Dais, administrator of the estate of Charles Dais, deceased, to appear before the Probate Judge of the city and county of San Francisco, at his chambers, at the city hall, in the city and county of San Francisco, on the 10th day of May, 1857, at 10 o'clock, in the forenoon of that day, then and there to show cause why the sureties upon his administrator's bond [or, "his bond given on an order to sell real estate," or other bond, as the case may be] should not be declared to be insufficient, and why he should not give further security, and why his letters of administration should not be revoked, for reason of having wasted the property of said estate, (§ 283,) and make due return hereof. ( 289, 290.) Witness, the Hon. T. W. Freelon, Judge ex officio of our probate court, in [SEAL.] and for the city and county of San Francisco, with the seal of said court affixed, this 5th day of May, A. D., 1857. Attest: NO. 52. THOMAS HAYES, Clerk, By DENIS LYONS, Deputy Clerk. ORDER ON THE FOREGOING APPLICATION, THAT NEW SECURITY BE. [Title etc., as above.] The citation ordered herein, on the 5th day of May, 1857, having been duly served and returned, and the said William Dais, administrator etc., having this day appeared before me, at the time and place named in said citation, and it being shown to me, that one of the sureties of said administrator, the said Simon Brown, is solvent, and amply sufficient; the said Simon Brown, who has filed his application in insolvency, being another person of the same name; and it appearing to me that the said James McCull, the other surety, is insolvent; and it further appearing to me, after a full hearing of the proofs and allegations of the parties, that said administrator is not wasting, nor has he been wasting the property of said estate; the order of the 5th May, instant, suspending the powers of said administrator, is vacated, and he is fully restored to the exercise of said powers, and it is hereby ordered, that the said administrator give further security, in the sum specified in the bond already given, in the place of the said James McCull, to be approved by me, within five days, or that his letters of administration be revoked. May 10th, 1858. D T. W. FREELON, County Judge. |