Estate of Prieto

Raymond C. Simpson for Objectors and Appellants.

James Hollowell and Allan C. Smith for Petitioners and Respondents.

COUGHLIN, J.

This is an appeal from an order, in response to a petition for instructions in a guardianship proceeding, directing payment of a "Real Estate Broker's fee." Appellants, Frank Prieto and Dora Joyce Prieto, are the guardians of the estate of a minor. Respondents, Ernest Dunlevie Associates and Eugene E. Therieau, are the petitioners who sought the order from which the appeal is taken.

Each side to the controversy, in its briefs, assert facts wholly unsupported by the record. Nevertheless, those concededly true are included in the following statement.

The minor, Frank Prieto III was the allottee of 120 acres of land held in trust for his use and benefit by the United States pursuant to the provisions of sections 331 et seq. and 951 et seq., title 25, United States Code. Respondents were active in effecting a lease of this and other adjacent land. Appellants agreed to participate; petitioned for and obtained authority to execute such a lease "to Senci Corporation, a California Corporation" on terms and conditions set forth in a copy of the lease…