and for the best interest of said ward, and faithfully discharge her trust in relation thereto; and also in relation to the care, custody and education of said ward. 3d. Shall render an account on oath of the property, estate and moneys of said ward in her hands; and all proceeds or interests derived therefrom, and of the management and disposition of the same within one year after her appointment, and at such other times as the court shall direct; and 4th. At the expiration of her trust shall settle her accounts with the probate judge or with the said ward if she be of full age, or her legal representatives; and shall pay over and deliver all the estate, moneys and effects remaining in her hands, or due from her on such settlement to the person or persons who shall be lawfully entitled thereto. Then this obligation shall be void and of no effect, else to remain of full force and virtue. [L. 8.] M. J. SLACK. S. A. PRESHO. [L. S.] Sealed and delivered in the presence of D. P. BELKNAP. SS. City and County of San Francisco, } William Vosburgh and S. A. Presho, being duly sworn, each for himself says, that he is a freeholder resident in said state, and is worth the said sum of five hundred dollars over and above all his just debts and liabilities, exclusive of property exempt WILLIAM VOSBURGH. S. A. PRESHO. from execution. Sworn to before me, this 22d day of March, 1858. Petition for Order of Sale of Real Estate by Guardian. anship of Alonzo Field, a minor. } The petition of Thomas Cole, Jr., guardian of the abovenamed minor, respectfully showeth to this court, That the estate of said minor consists almost wholly of real estate, the most of which is unproductive, and yields little or no income for the maintenance and education of said minor. That said real estate consists, &c., &c. [Here follows description of property.] And by selling the same, a sufficient sum could be realized to make an investment that would furnish a sufficient income for the purposes above mentioned. That said minor has no other means of maintenance and education, and it becomes necessary therefor to make a sale of some part of said real estate. Your petitioner would further represent that said land being wholly unproductive, it would be greatly for the benefit of said minor if the whole were sold, and the proceeds, after providing for the wants of the minor as above stated, be invested in some safe securities from which an accruing interest and profit could be derived. Wherefore, your petitioner prays, that an order may be made, directed to the next of kin of the said minor, and to persons interested in the estate, to be and appear before this court, at such time as the court may appoint, to show cause why an order should not be granted for the sale of said real estate; and that upon such hearing, this honorable court may order said land or such part thereof as may be for the best interest of said minor, to be sold for the purposes above mentioned. And your petitioner will ever pray, &c. Sworn to, &c. THOMAS COLE, Jr. Order to Show Cause and to Make Publication. [Title of Estate and Court as in the foregoing.] On reading and filing the petition of Thomas Cole, Jr., praying for a sale of real estate, and it appearing therefrom, that a sale of the whole or of some portion of the real estate of said minor would be for his benefit, and is necessary, It is hereby ordered, that the next of kin of said minor, and all persons interested in said estate, appear before this court, at the court-room thereof, at the city-hall, in the city and county of San Francisco, on Monday, the 7th day of June, 1858, at 11 o'clock A. M., then and there to show cause why an order should not be granted for the sale of such real estate, and let a copy of this order be published twice a week for three weeks successively, before the said day appointed, in the Daily San Francisco Times, a newspaper printed and published in said city and county of San Francisco. May 3d, 1858. M. C. BLAKE, Probate Judge. Order of Sale of Real Estate. Probate Court, City and County of San Francisco: dianship of Henry L. Moore and Maria Moore, minors. Benjamin Brewster, guardian of the above-named minors, having heretofore presented to the Probate Court of the city and county of San Francisco, his petition for authority to sell the real estate in the state of California in which said minors are interested, for the immediate relief of said minors, they being in poor and needy circumstances and without the means of maintenance and education, and said real estate being in litigation; and the said Probate Court having upon such petition made an order directing the next of kin of said minors and all persons interested in said estate, to appear before said Probate Court, at the court-room thereof at the city-hall, in the city and county of San Francisco, on Monday, the 21st day of June, 1858, at 11 o'clock A. M., then and there to show cause why an order should not be granted for the sale of said real estate; Now on this 21st day of June, 1858, on reading and filing satisfactory proof by affidavit, of the publication of said order, and the said guardian, Benjamin Brewster, having appeared by his attorney, E. D. Sawyer, and the proper proceedings having been thereupon had (no one appearing to oppose the application), and the Probate Court upon due examination being satisfied, after a full hearing upon the said petition, that a sale of the whole of the property mentioned in the said petition is necessary to be made for the maintenance and support of said minors, It is ordered by the court, that the said Benjamin Brewster, guardian as aforesaid, do sell the right, title and interest of said minors of, in and to the following described real estate, for the support and maintenance of said minors, that is to say: [Here follows description of property.] And it is further ordered, that the said sale be made at public auction, according to law, and that it be made for cash, and that the said guardian do make return of said sale to this court, according to law. M. C. BLAKE, Probate Judge. Order allowing Guardian's Account. In the Probate Court of the County of San Francisco: Guardianship of Mary Evelina Brunell, an infant. On reading and filing the account of Orson A. Reynolds, guardian of Mary Evelina Brunell, an infant, filed in this court the twenty-third day of October, A. D. eighteen hundred and fifty-six; and also on filing the vouchers appertaining thereto; and also on filing the notice required by law to be given of the settlement of said account with due proof of publication or posting, as required by law; and the matter of said accounting coming on to be heard on the third day of October, A. D. eighteen hundred and fifty-six, and no one appearing to oppose; and the said account and vouchers having been duly examined by this court and found to be correct and reasonable, for the interests of said infant; And on motion of Messrs. Jones, Doyle, Barber & Boyd, of counsel for said guardian, It is ordered that the said account of the said Orson A. Reynolds, guardian of the said infant, be and the same is hereby passed, approved and allowed, as tendered by him; And it is hereby further ordered that the said guardian be allowed the commissions charged by him in said account, as and for his compensation. Dated San Francisco, November 10th, 1858. T. W. FREELON, Probate Judge. Bond by Guardian on the Sale of Real Estate. Know all men by these presents: That we, Charles Lumbard, principal, and William A. Yates and Thomas Cole, Jr., sureties, are held and firmly bound to the Probate Judge of the city and county of San Francisco, in the sum of five thousand dollars, lawful money of the United States of America, for the payment whereof well and truly to be made, we bind ourselves, our heirs, executors, administrators or assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 30th day of June, 1858. The condition of the above obligation is such, that whereas an order has been made by the Probate Court of the city and county of San Francisco, authorizing the above-named principal, as guardian of the person and estate of Sarah Morey, a minor, to sell certain real estate, the property of said minor, and bond in the sum above named has been ordered. Now, therefore, if the said Charles Lumbard, as such guardian, shall sell the said real estate in the manner prescribed by law for sales of real estate by executors and administrators, and shall account for and dispose of the proceeds of the sale or sales thereof in the manner provided by law, then this obligation to be void, otherwise to remain in full force and effect. Sealed and delivered in presence of TEMPLE EMMETT. [L. S.] CHARLES LUMBARD. L. S. [L. S.] State of California, City and County of San Francisco, } ss: Thomas Cole, Jr., and William A. Yates, being duly sworn, each for himself says, that he is a freeholder resident in this state, and is worth the said sum of five thousand dollars over and above all his just debts and liabilities, exclusive of property exempt from execution. } Sworn to before me, this 30thĮ day of June, 1858. D. P. BELKNAP, [Endorsed.] WILLIAM A. YATES. Deputy Clerk of the Probate Court. The within bond and sureties approved by me, this 30th day of June, 1858. M. C. BLAKE, Probate Judge. |