Guardianship of Walters

McCOMB, J.

This is an appeal from an order decreeing that Allie Walters, sometimes known as Allie Walters Sacks,

[685]

was an incompetent person and appointing a guardian for her estate.

The undisputed facts are these:

Respondents filed a petition seeking to have Allie Walters Sacks declared an incompetent and requesting that the court appoint a guardian for her estate. A citation predicated upon the petition was duly issued hut was not

personally served

on appellant Sacks.

After a hearing the probate judge found that said appellant was incompetent and appointed a guardian for her estate.

On October 17, 1946, appellants filed the present appeal from the aforementioned order. On March 31, 1947, pursuant to a petition therefor, Division 1 of this court issued an alternative writ of prohibition prohibiting the superior court from taking any further action in accordance with the order of the superior court declaring Allie Walters Sacks incompetent and appointing a guardian for her estate. On May 21, 1947, the same court filed an opinion in which it held that the order of the superior court was void for the reason that the citation issued pursuant to the petition to have appellant Sacies declared incompetent had not been

personally served

on her as required by section 1461 of the Probate Code.

(Sacks

v.

Superior Court,

79 Cal.App.2d 806, et seq. [180 P.2d 922].)

On June 13, 1947, the court denied a petition for a rehearing and on July 17, 1947, a petition for a hearing was denied by the Supreme Court. On July 25, 1947, a peremptory writ of prohibition was issued directing the superior court not to take any further action conforming to the order it had before made appointing a guardian for said appellant.

In the present appeal it is claimed, as it was on the petition for the writ of prohibition, that the order appointing a guardian was void for the reason that the citation had not been