Scully

Plaintiff, as secretary of the Department of Institutions of the State of California, was appointed guardian of a number of estates of incompetent persons, and thereafter the probate court fixed the fees to which the guardian was entitled in the several estates, which collectively amounted to the sum of $2,650. Plaintiff instituted this action to have if declared that he was entitled to said fees and for judgment in the amount of such fees. The first and second causes of action of the amended complaint set forth the above facts. The defendants moved for judgment on the pleadings and the court granted the motion. Plaintiff has appealed from said judgment.

The judgment should be sustained, as section 6660 of the Welfare and Institutions Code in force prior to its amendment in 1941, under which plaintiff was appointed and acted as such guardian of the estates of said incompetent persons, provided that “The secretary of the Department of Institutions shall serve as such guardian . . . and shall receive such reasonable fees for his services as such guardian . . . as the court allows. Such fees shall be paid into the State treasury to become a part of and to be added to the…