And with this account said guardian states that he has received in his possession as such guardian, aside from said money, property of said minor of which the following is a description; [describe the property particularly, and its probable value] and that he has managed said property as follows, namely, [state how such property has been managed]. [Date.]

[Duly verified.]

A B. Guardian.

This account should be rendered within three months after the appointment of the guardian and another account of the guardian should be rendered upon the expiration of one year from the time of such appointment, and an account of such guardian should be rendered annually thereafter; and if the estate of the ward exceeds in value $100,000, semi-annual returns of the condition, management and disposition of the property of the ward should be made to the

court.

FORM NO. 356.

PETITION FOR THE APPOINTMENT OF A GUARDIAN FOR AN INSANE, OR AN INCOMPETENT PERSON.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN THE COUNTY OF

In the matter of the guardianship of the person and estate of C D, an insane [or an incompetent person].

A B petitions the court and makes application for the

appointment of a guardian for the person and estate of C D, who is an insane for an incompetent] person, and alleges and shows in support of said petition:

CD;

I. That your petitioner is a relative [or friend] of said

That said C D is a resident of the county of in the state of California; is of the age of years, and is insane, [and as such has been committed to and is confined in a state hospital], [or he is in feeble health, and his mind is enfeebled by age and sickness, and that he is thereby mentally incompetent to manage his property].

WHEREFORE your petitioner prays that a guardian of the person and estate of said C D be appointed by this court. [Date.]

A B,

[Duly verified.]

FORM NO. 357.

Petitioner.

ORDER MADE ON THE FOREGOING PETITION.

[Title of Proceeding.]

the

-

day of

at

It having been represented to this court [or a judge of this court], by the verified petition of A B, that said C D is insane [or is mentally incompetent to manage his property], it is ordered that o'clock m., and the court room [No. —] of this court be, and the same are fixed as the time and place for hearing said petition, and that notice. thereof, with a copy of said petition thereto attached, be served on said C D at least five days before said time so fixed for such hearing, and that said C D, if able to attend, be produced on such hearing. [Date.]

Judge.

At the time and place fixed for said hearing, if a return be made showing the service of such notice as directed by said order, or at such other time, to which the hearing may be continued, the court should hear and examine the case, and make its order and decree therein.

BUDD-44

FORM NO. 358.

ORDER APPOINTING A GUARDIAN FOR AN INSANE, OR AN INCOMPETENT PERSON.

[Title of Proceeding.]

This matter coming on regularly to be heard by the court on the day of, and it having been proven to the satisfaction of the court that the service of the notice of such hearing and of the time and place thereof, and of a copy of the petition attached thereto, have been made on said C D, as required by law, and the order of this court; [and such hearing having been regularly continued to this time], and the said C D having been produced in court at the hearing, [or it appearing to the court that said C D is not able to attend at the hearing], and evidence having been introduced, and after a full hearing and examination upon said petition, it appearing to the court that the allegations in the petition of A B are true, and that said C D is mentally incapable of taking care of himself, and managing his property;

IT IS ORDERED AND DECREED that A B be and he is appointed the guardian of the person and estate of said C D, with the powers and duties specified in Chapter XIV of Title XI of Part III of the Code of Civil Procedure; and that letters of guardianship be granted to him; and that they be issued to him on his executing, with sufficient sureties, a bond to said C D in the sum ofdollars, to be approved by a judge of this court; and on his taking an oath as such guardian to be endorsed on such letters; and that be and they are appointed appraisers of the property of said C D. [Date.]

and

and

Judge.

The bond of such guardian, the inventory and appraisement returned by him and his accounts, should be similar to the bond to be given, the inventory and appraisement to be made and returned, and the accounts to be filed by a guardian of a minor.

A person who has been declared by the court to be insane or incompetent, or the guardian of such person, or any relative of such person within the third degree, or a friend of such person, may apply by a verified petition to the Superior Court of the county by which he was declared insane or incompetent, to have the fact of his or her restoration to competency judicially determined: and in such proceeding, issues of fact raised, must, if the petitioner request it, be determined by a jury. C. C. P. Sec. 1766.

Proceedings for the sale by the guardian of the property of any ward may be similar to the proceedings of the sale, by an executor (or administrator) of the property of the estate of a decedent.

Before such sale of real property of the ward is made the guardian must give a bond to the ward in an amount fixed by the court, conditioned that such guardian will sell such real property, and account for the proceeds of the sale, and faithfully execute the duties of his trust according to law.

FORM NO. 359.

PETITION OF A GUARDIAN FOR THE GRANTING OF AN ORDER FOR THE SALE OF REAL ESTATE OF THE WARD.

Title of Proceeding.]

A B, as the guardian of the person and estate of C D, a minor, [or an insane person] [or an incompetent person], petitions the court to grant an order for the sale of real property of C D, said ward of petitioner, and alleges and shows:

I. That said ward is of the age of upwards, and is under the age of

an insane or incompetent person];

years and

years; [or said ward is

II. That on the day of, by an order of this court, which was duly given and made, your petitioner was appointed the guardian of the person and estate of C D, petitioner's said ward, and your petitioner qualified as such guardian, and thereafter letters of such guardianship were issued to your petitioner, and his oath as guardian was endorsed on said letters; and your petitioner has been ever since the issuance of such letters, the guardian of the person and estate of C D, said minor; [or said insane person] [or said incompetent person];

III. That your petitioner has since the issuance to him of such letters taken into his possession, and has managed, all the estate of his said ward of which he has knowledge, and has returned and filed a just and true inventory thereof;

IV. That the value of the personal property of his said ward so received by your petitioner, did not exceed dollars, and he has under the orders of this court disposed of such personal property [or all of such personal property with the exception of personal property of the value of dollars], and he has applied the net proceeds therefrom, and the net proceeds from the income and profits from the real estate of his said ward towards the [education and] support of said ward, and has rendered to this court correct statements and accounts of his

receipts from the property of said ward, and his expenditures in behalf of said ward; and said accounts as so rendered have been allowed and approved by the court and are referred to;

V. That the only money of the estate of said ward which there now is remaining is the sum of dollars; and the only real estate of said ward which has come to the knowledge of your petitioner, and the condition and value of, and the income from each portion of said real estate, are as follows, namely:

Ist. A tract of land consisting of about

acres,

described as [describe the land], which is of the value of about dollars, and which is improved and cultivated, and pro

2nd. A tract of land of about

duces an annual net income of about

value of about

dollars.

acres, which is of the

dollars, and which is described as [describe it], and which is wholly unimproved and uncultivated, and which produces no net income whatever.

VI. That it will be necessary for the comfortable maintenance and support of said ward that said unimproved and uncultivated tract of land secondly above described, be sold and the proceeds of such sale be used for his ward's maintenance and support.. [Or it will be for the benefit of said ward, that said unimproved and uncultivated tract of land secondly above described, be sold, and that proceeds of such sale be put out at interest for the benefit of said ward]; [or that the proceeds of such sale be invested in some productive stock]; [or, and that the proceeds of such sale be used in the improvement of the other real estate of said ward, which requires to be improved]; [state how.]

[VII. That said real estate which this petitioner asks for the granting of an order for the sale of, can be sold for a higher and better price at private sale, than it could be sold for at public auction.]

WHEREFORE your petitioner prays that an order for the sale of said unimproved and uncultivated tract of land which is described as [describe the land] be granted, and that such sale be at public auction [or at public auction or private sale as your petitioner shall judge to be most beneficial to said ward]; and