Estate of Eaton

38 Cal.App.2d 180 (1940) In the Matter of the Estate of MARIE S. EATON, an Incompetent. WILLIAM P. MAURER, as Executor, etc., Appellant,

v.

RALPH S. ARMOUR, as Guardian, etc., et al., Respondents.

Civ. No. 12433-S. California Court of Appeals.

March 27, 1940. Raphael Dechter and B. L. Hoyt for Appellant.

Charles J. Katz and Alfred Gitelson, in pro. per., and Hansen & Sweeney and Samuel W. Blum for Respondents.

Doran, J.

William P. Maurer, as executor of the Estate of Marie S. Eaton, an incompetent, appeals "from that certain order and judgment settling and allowing" the final account of the guardian, Ralph S. Armour, "and dismissing, overruling and denying the exceptions and objections of William P. Maurer, as Executor of the Estate of Marie S. Eaton, deceased, thereto, and from the whole thereof". [181]

On May 9, 1936, Charles J. Katz and Alfred Gitelson, attorneys, on behalf of Frederick S. Schwinn, nephew of Marie S. Eaton, filed a petition in the superior court to have Marie S. Eaton declared an incompetent and for the appointment of Schwinn or the Union Bank and Trust Company of Los Angeles as the guardian of her person and estate. On or about August 10, 1936, after a contest wherein appellant William P. Maurer, in his individual capacity, sought to be appointed the guardian, the Security-First National Bank was appointed but declined to act; on August 31, 1936, the court appointed Ralph S. Armour as guardian of the person and estate of Marie S. Eaton, and he thereupon qualified and entered upon the performance of his duties.

On November 6, 1936, a current account of the guardian and a petition for fee to the guardian, and also a petition for allowance of attorneys' fees to attorneys for the guardian were filed, and the same were set for hearing on November 27, 1936. It is urged by the respondent guardian that the provisions of section 1200 of the Probate Code were followed with regard to notice of said hearing.

On November 15, 1936, Marie S. Eaton died.

On November 17, 1936, Katz & Gitelson filed a petition for allowance of attorneys' fees in the matter of the petition of Frederick S. Schwinn for the appointment of a guardian, and the same was also set for hearing on November 27, 1936. In like manner it is urged by respondents Katz & Gitelson that the provisions of section 1200 of the Probate Code were followed with regard to notice of the hearing of said matter, and that copies of the petition and notice of hearing were served upon the guardian.