Brouse v. Law

HARRISON, J.

After the superior court of Merced county had admitted to probate the last will and testament of Augus

[153]

.tine Smith, deceased, and had issued letters testamentary thereon to the petitioner, it made the following order:

“It

is ordered that notice to the creditors of Augustine Smith, deceased, requiring all persons having claims against said deceased to exhibit them with the necessary vouchers to Lillian M. Brouse, executrix of the last will and testament of Augustine Smith, deceased, at her residence or place of business, to be specified in said notice, be given by said executrix by publication in "The Merced Express/ a newspaper printed and published in Merced county, state of California, once a week for four successive weeks.

“Done in open court this 9th day of November, 1899.

“J. K. LAW,

"Judge of the Superior Court of Merced County, State of Cali■fornia.”

The executrix has petitioned this court for a writ of review of said order upon the ground that the superior court had no jurisdiction to designate the newspaper in which she should publish the notice to the creditors of the deceased, and upon her petition the writ was issued and return made showing that the above order was made.

Section 1490 of the Code of Civil Procedure declares as follows: "Every executor or administrator must, immediately after his appointment, cause to be published in some newspaper of the county, if there be one—if not, then in such newspaper as may be designated by the court—a notice to the creditors of the decedent, requiring all persons having claims against him to exhibit them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business, to be specified in the notice; such notice must be published as often as the judge or court shall direct, but not less than once a week for four weeks; the court or judge may also direct additional notice by publication or posting.”