Estate of Shaffer

WOOD, P. J.

This is an appeal by the executrix of the will of John Earl Shaffer, deceased, from a minute order

[523]

granting family allowance of $275 a month to the conservator of the person and estate of Etta D. Shaffer, the widow of the deceased.

Appellant contends that the order was invalid in that no evidence was presented at the hearing of the petition for family allowance; and that the order 11 did not include therein the Findings upon which the decision of the trial court was based. ’ ’

Appellant argues that an order granting family allowance in a contested proceeding must be supported by findings of fact, and that such order will be reversed if the court has not made findings of fact. (Citing, inter alia, Prob. Code, § 1230;

Estate of Pendell,

216 Cal. 384, 485 [14 P.2d 506];

Estate of Baird,

59 Cal.App.2d 303, 305 [138 P.2d 698].) She further argues that in the present case the court rendered its decision by a minute order “without further hearing or proceedings having been had” and that the order “did not include therein the Findings upon which the decision of the trial court was based.” As previously stated, the executrix appealed from the minute order and she did not request findings or further proceedings in the trial court.

In the present case, the executrix filed objections to the petition for family allowance alleging in effect that the widow was not entitled to a family allowance in that she had received joint tenancy property (in specified amounts) and that there was no cash in the estate. After a hearing on the petition and objections, the court made a minute order which provides as follows: “In this matter heretofore submitted on January 16, 1968, the court now renders its decision and orders as follows: Family allowance is granted in the sum of $275.00 per month commencing from the date of., death, August 29, 1967, and continuing until further order of court. ’ ’

The order does not state whether findings or a formal order were contemplated, and does not contain recitals with reference to the hearing. “It is settled that where findings are essential there is no rendition of final judgment until findings are signed and filed.”