In re Allgier

Citations

• 65 Cal. 228
• 3 P. 849
• 1884 Cal. LEXIS 496

Syllabus

<p>Jurisdiction of Superior Court—Probate Jurisdiction Separate and Distinct. —The probate jurisdiction of the Superior Court is separate and distinct from its jurisdiction in ordinary civil actions.</p> <p>Id.—Settlement of Pinal Account of Guardian.—The final account of a guardian is properly addressed to the court that has jurisdiction of the estate of the ward when presented by the guardian; but where the guardian dies before making a settlement, and long after Ms ward’s majority, his executors have no authority to present Ms account to a court of probate, nor has such court jurisdiction over the matter. The settlement of the account can only he had in j, court of equity by a proceeding against the executors and other necessary parties. Id.—Duty of Guardian—Expiration of Office.—When a ward attains the age of majority the office of guardian comes to an end, and it is then the duty of the guardian to exMbit a final account of Ms guardiansMp to a court of probate, make a settlement, and deliver all the property in his hands to the ward.</p> <p>Id.—The settlement in probate of the final account of a guardian can only include transactions during the minority of the ward.</p>