Guardian and Ward—Sale of Real Estate—Petition.—A petition for an order of sale of the real estate of a minor need not show how much of his personal estate remains undisposed of. Section 1537 of the Code of Oivil Procedure, requiring such statement in cases' of sales by executors and administrators, is inapplicable to sales by guardians, which are governed, as to the contents of the petition, by section 1781.

Id.—Order of Sale.—An order directing a sale “for cash” sufficiently fixes the terms of the sale, within the requirements of section 1791 of the Code of Civil Procedure.

Id.—Publication of Order to Show Cause.—Under sections 1783 of the Code of Civil Procedure, the order to show cause why an order of sale of a minor's real estate should not be granted need only be published for three weeks. Sections 1537 and 1544, requiring a publication for four weeks, in case of sales by executors and administrators, are not applicable to guardians’ sales.

Id.—Sale of Undivided Interest—Objection to Confirmation.—A purchaser at an auction sale of a lot of land, that was not capable of being partitioned, and of which the title to an undivided interest was in a minor, which interest was being sold by his guardian under proceedings in the matter of his estate, cannot object to the confirmation of the sale of such interest merely because the land was sold as an entirety, when the condition of the title was disclosed by the auctioneer at the time of the sale, with the statement that bids for the land would be considered as pro rata bids for the respective interests therein, and the pro rata amount so received was an adequate price for such interest.

Id.—Probate Homestead—Guardian mat Sell.—Under sections 1465 and 1468 of the Code of Civil Procedure, a probate homestead, set apart by the court from community property for the use of the surviving wife and minor children, belongs one-half to the widow and the remainder in equal shares to the children. The widow, and children upon attaining majority, may dispose of their respective interests; and during their minority the children’s interests may be sold by their guardian, under proper proceeding for the sale thereof had in the matter of their estates.

Id.—Probate of Will—Service of Notice.—Under section 1304 of the Code of Civil Procedure, personal service of copies of the notice of the time and place for probating a will is equivalent to service by mailing. Section 411 of that code, providing for the service of a summons upon an infant, has no application to the service of such notice.

Id.—Child bn Ventre sa Mbre.—The law makes no provision for the service of such notice upon a child who at the probate of the will is en ventre sa mere, and none is necessary.

Id.—Proof of Service—Identity of Heir.—Proof of service of such notice upon “Helen” Majora Hamilton is sufficient to give jurisdiction in the probate proceedings over an heir whose real name was “Mien” Majora Hamilton, it being shown that she was the one actually served and was sometimes known as “Helen.” The identity of the persons served was also sufficiently shown by the insertion in the affidavit of service of her middle name in full.

Id.—Affidavit of Publication.—An affidavit of publication reciting that the notice of probate was published “fourteen consecutive times, to wit, from the 18th day of October, 1889, to and until the 2d day of November, 1889, both days inclusive, on the 18, 19, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31st October, and 1st and 2d day of November, 1889, every day said newspaper was published during said time, Sundays and holidays excepted,” sufficiently shows a publication on every day the paper was regularly issued, as required by section 1705 of the Code of Civil Procedure, when it is admitted that no publication was made on Sundays and holidays.