upon which the jurisdiction of the court depends; and the failure to recite such facts does not raise a presumption of their nonexistence: Holmes v. Holmes, 27 Okla. 140, 111 Pac. 220.

After jurisdiction acquired by proper notice, superior court though sitting in probate is court of general jurisdiction in acting on administrator's petition for sale of land, and entitled to same presumptions that attach to its action in other cases on collateral attack: Dane v. Layne, 10 Cal. App. 366, 101 Pac. 1067. (See page 1479.)

(7) Entry of, in records. (See page 1480.)

(8) Effect of. Protection of administrator. (See page 1481.)

(9) Are void when. A county court sitting in probate in Colorado is without jurisdiction over real estate in Nebraska and its order for sale of such land is not voidable, but void, and gave an administrator no jurisdiction in his representative capacity to sell the land, and every one is bound to take notice thereof: People v. Parker, 54 Colo. 604, 132 Pac. 57. (See page 1481.)

(10) Vacating orders. An order for the sale of real estate to pay debts is properly vacated, before confirmation of the sale, when it appears that it was made before the time for filing claims had expired, with no showing that the personalty had proved insufficient, upon insufficient jurisdictional allegations and with no notice to the heirs: Estate of Kamaipiialii, 19 Haw. 163. (See page 1482.)

(11) Collateral attack. A decree of distribution of a probate court is of like force and effect as a judgment in a civil case and can not be set aside on collateral attack. If erroneous the remedy is by appeal: Alaska etc. Co. v. Noyes, 64 Wash. 672, 117 Pac. 493. (See page 1482.)

(12) Obedience to, how enforced. (See page 1483.)

2. PUBLICATIONS.

Under section 1491a of the Code of Civil Procedure, within thirty days after the first publication of notice to creditors of a deceased person, the executor or administrator must file in court a printed copy of said notice, accompanied by a statement setting forth the date of the first publication thereof and the name of the newspaper in which the same is printed: Hawkins v. Superior Court, 165 Cal. 743, 134 Pac. 327. (See page 1484.)

3. CITATIONS. (See page 1485.)

(1) Compared with summons. (See page 1485.)

(2) Service of. (See page 1485.)

(3) Same. By publication. (See page 1486.)

(4) Personal notice. (See page 1487.)

(5) Obedience to, how enforced. (See page 1487.)

(6)

Trial after response. (See page 1487.)

4. NOTICE, HOW WAIVED. (See page 1488.)

5. DESCRIPTION ONCE PUBLISHED IS SUFFICIENT. (See page 1488.)

6. RULES OF PRACTICE. (See page 1488.)

7. TRIAL IN GENERAL. (See page 1489.)

8. JURY TRIAL. (See page 1490.)

9. ATTORNEY FOR ABSENT HEIRS. (See page 1491.)

10. COSTS. (See page 1493.)

(1) In general. (See page 1493.)

(2) Are statutory. (See page 1493.)

(3) Discretion of court. (See page 1493.)

(4) Do not include attorneys' fees. (See page 1493.)

(5) No amendment of judgment to include. (See page 1493.)

(6) Contesting probate of will.

(See page 1494.)

(7) Action against co-executor.

(See page 1494.)

(8) Presumption on appeal. (See page 1494.)

11. DISPOSITION OF LIFE ESTATES, ETC.

When a complaint made under section 1723 of the Code of Civil Procedure states a case in equity to quiet title to alleged community property held in the wife's name, if all necessary parties had appeared before the court, the decree therein would be conclusive; but where there was no personal representative of the deceased wife before the court, and not all of the heirs were before the court, this court is bound to consider the decree relied on solely as one given in the special proceeding provided by that section and to give to it, in the event that proceedings had were all in strict accord with the requirements of that section, only such effect as upon a proper construction of the section must be given to a decree under its provisions: King v. Pauly, 159 Cal. 529, 115 Pac. 210. (See page 1495.).

5.

(1) In general.

(2) Duty as to state moneys, escheat, etc.

(3) Can not contest probate of will.

(4) May contest another's right to administer.

(5) Right to writ of prohibition.

(6) "Return" of condition of estate.

(7) Personal liability on contracts. Compensation.

6. Appeal.

§ 843a. Burial expenses of deceased persons. Whenever a public administrator takes possession of the estate of a deceased person, as provided in Sec. 1726 of this code, and the method of the defrayal of the expense of the burial of said deceased is not otherwise provided for by law, or by the rules, agreement or death benefits of any order or lodge. to which the deceased may at the time of his death belong,