Estate of Costa

SHENK, J.

Luigi Costa, a resident of Los Angeles County, died on February 19, 1947, leaving his wife, Peggy Rita Costa, who died on May 23, 1948. On January 17, 1949, Luigi’s administrator filed a final account and report, and a petition for distribution of the whole estate to Peggy’s executor. On February 4th the latter filed objections to the account. The hearing was set for February 14th and was

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continued to February 28th. The continued hearing was called at 10 a. m. on February 28th and at that time a supplemental final account and petition was filed together with a stipulation withdrawing objections and agreeing that the account be settled and that distribution be ordered in accordance with the account and petition as amended and supplemented. A minute order was entered accordingly.

The foregoing proceedings were taken at the Long Beach Department of the Superior Court in Los Angeles County. The time when the hearing would be had on February 28th appeared only in the register of actions in Los Angeles. The entry in the register was that the matter was set for 2 p. m. of that day. At that appointed time Lorenzo Costa and Carmela Costa, residents of Italy, claiming to be the brother and sister of the decedent Luigi Costa, through their attorney, filed objections to the distribution of the estate to the widow on the ground that they were entitled to a share thereof. The attorney then learned that the account and petition for distribution had been called and heard at 10 o’clock that morning. On March 3d he filed a notice of motion pursuant to section 473 of the Code of Civil Procedure to set aside the orders as premature. On the same day the court on its own motion set aside the minute order of February 28th, and continued the hearing on the final account and petition for distribution to March 28th at 10 a. m. Prior to that hour on that day a petition to determine heirship and interest in the estate was filed on behalf of Lorenzo and Carmela Costa and the hearing thereon was noticed for May 23, 1949. At the hearing on that day oral and documentary evidence was offered on the petition to determine heirship. Objections to birth, marriage and death certificates on the ground that they were not properly authenticated pursuant to section 1918, subdivision 8 of the Code of Civil Procedure were taken under advisement by the court, and the hearing continued to June 6th to provide opportunity for counsel to submit proof of reciprocity between the United States and Italy as to the distribution rights of the claimants. On June 7th the court denied the petition to determine heirship, denied the motion to set aside the orders of February 28, overruled the objections to the final account and petition for distribution, approved the report and account as supplemented and ordered distribution to the widow’s estate. Findings of fact and orders were made and entered accordingly. A motion for a new trial was denied. Lorenzo and Carmela Costa appealed from the