McCord

Petitioner was appointed the conservator of the estate and person of George K. Harvey. Pursuant to a petition for instructions, the probate court issued an order on September 16, 1968, authorizing her to employ an attorney to travel to Scotland to locate possible heirs of Harvey and *649 to pay the attorney’s travel expenses up to a stated sum and a fee for his services.

Harvey died while the attorney was in Scotland on his mission, and the Public Administrator of Los Angeles County was appointed to administer the estate. The administrator objected to petitioner’s final account insofar as she sought to compensate the attorney for his fees and expenses in connection with the journey. He also moved under section 473 of the Code of Civil Procedure to set aside the order of September 16. 1 The motion was denied, the court approved petitioner’s final account, and judgment was entered accordingly. The questions for determination on this appeal are whether the September 16 order was within the court’s jurisdiction and whether it must be given res judicata effect.

George Harvey, a recluse with substantial property, was admitted to a Long Beach hospital on July 6, 1968, with a…