Rosland v. Constantineau

WILSON, J.

From an order made during the proceedings for the probate of the estate of Irene Porter Rosland pursuant to section 660 et seq. of the Probate Code, setting apart exempt personal property and a probate homestead tó Oscar E. Rosland, the surviving husband of decedent, for the period of his natural life, the executor of the estate has appealed, presenting three points as grounds for the reversal of the order.

1.

Are the findings of fact contained in the order sufficient?

All issues of fact joined in probate proceedings must be tried in conformity with the rules of practice in civil actions. (Prob. Code, § 1230.) In contested probate matters the court is required, as in civil actions, to make appropriate findings of fact on all disputed issues.

(Estate of Baird,

59 Cal.App.2d 303, 305 [138 P.2d 698] ;

Estate of Pendell,

216 Cal. 384, 385 [14 P.2d 506] ;

Estate of Pala,

55 Cal.App.2d 647, 649 [131 P.2d 593] ;

Estate of Burton,

63 Cal. 36, 37.) They must be in writing (Code Civ. Proc., § 632) and if not waived judgment cannot be entered until they are made and filed

[711]

with the clerk.

(Estate of Dodds,

52 Cal.App.2d 287, 289 [126 P.2d 150] ;

Brownell

v.

Superior Court,

157 Cal. 703, 707 [109 P. 91].) Findings of fact may be included in the order or decree and are not required to be in a separate document.

(Estate of Janes,

18 Cal.2d 512, 514 [116 P.2d 438] ;