Asher v. Yorba

Citations

• 125 Cal. 513
• 58 P. 137
• 1899 Cal. LEXIS 890

Syllabus

<p>Guardian and Ward—Appointment of Guardian—Notice to Relatives—Posting—Discretion of Court—Upon the appointment of the guardian of the estate of a minor, the court has discretion to determine the kind and character of the notice to be given to the relatives of the minor residing in the county, and may order such notice to be given by posting, without requiring personal service of citation upon them.</p> <p>Id.—Custody of Minor—Notice to Guardian.—If the one who applies to be appointed guardian of the minor’s estate has the custody of the person of the minor, no notice is required to be given to him.</p> <p>Id.—Sufficiency of Posting — Collateral Attack — Sale of Ward’s Estate—The fact that the affidavit of the posting of the notices required to be given of the hearing for the appointment of a guardian did not show when the notices were posted, in the absence of proof that the posting was not performed as required, will not sustain a collateral attack upon a judgment decreeing a sale of the ward’s estate.</p> <p>Id.—Presumptions—Jurisdictional Facts—Burden of Proof.— The posting of the notice is presumed to have been done at the proper time and in the proper manner; and the order of sale is presumed to be valid. The absence of evidence of the jurisdictional facts may be taken as evidence of their existence; and the burden of proof is upon the one assailing their existence, to show the contrary.</p> <p>Estates of Deceased Persons—Distribution—Notice of Hearing —Jurisdiction.—The statute does not require ten days’ notice of the hearing of the final account and petition of an administrator for the distribution of the estate, but allows the court to direct what notice shall be given. Where the hearing was fixed at such a date that a ten days’ posting was impossible, and the notice was posted every day prior to the hearing, the court had jurisdiction, at the date fixed, to settle the account and render the decree of distribution.</p>