§ 1287. The court, on motion, may vacate the award upon either of the following grounds, and may order a new hearing before the same arbitrators, or not, in its discretion: 1. That it was procured by corruption or fraud; 2. That the arbitrators were guilty of misconduct, or committed gross error in refusing, on cause shown, to postpone the hearing, or in refusing to hear pertinent evidence, or otherwise acted improperly, in a manner by which the rights of the party were prejudiced; 3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted, to consider a part of the matters submitted to them; or that the award is indefinite, or cannot be performed. Award conclusive-except as stated in section, 1 Cal. 45; and see 3 Cal. 431. Vacating award, grounds for-Subd. 1, fraud, mistake, or accident, 2 Cal. 74, 122; 4 Cal. 122, 205; 14 Cal. 390. Subd. 2, misconduct, 4 Cal. 205; 31 Cal. 128: contrary to law and evidence, 14 Cal. 390. Subd. 3, in excess of powers, 21 Cal. 317: indefinite, 2 Cal. 599; 12 Cal. 331; 14 Cal. 390; 37 Ca. 197. § 1288. The court may, on motion, modify or correct the award, where it appears: 1. That there was a miscalculation in figures upon which it was made, or that there is a mistake in the description of some person or property therein; 2. When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not affect the decision on the matters submitted; 3. When the award, though imperfect in form, could have been amended if it had been a verdict, or the imperfection disregarded. Modifying or correcting award-Subd. 2, partially good, 2 Cal. 74; 9 Cal. 142. § 1289. The decision upon the motion is subject to appeal in the same manner as an order which is subject to appeal in a civil action; but the judgment entered before a motion made cannot be subject to appeal. Motion to vacate or modify award-secs. 1287, 1288; 38 Cal. 286. § 1290. If a submission to arbitration be revoked, and an action be brought therefor, the amount to be recovered can only be the costs and damages sustained in preparing for and attending the arbitration. TITLE XI. Of Proceedings in Probate Court. CHAP. I. Of jurisdiction. §§ 1294-1295. II. Of the probate of wills. §§ 1298-1346. III. Of executors and administrators, their letters, bonds, removals, and suspensions. §§ 1349, 1440. IV. Of the inventory and collection of the effects of decedents. §§ 1443-1461. V. Of the provisions for support of family, and of VI. Of claims against the estate. §§ 1490-1513. VIII. Of the powers and duties of executors and administrators, and of the management of estates. §§ 1581-1591. IX. Of the conveyance of real estate by executors and administrators in certain cases. 1597-1607. X. Of accounts rendered by executors and administrators, and of the payment of debts. §§ 1612-1653. XI. Of the partition, distribution, and final settlement of estates. §§ 1658-1698. XII. Of orders, decrees, process, minutes, records, XIII. Of public administrator. §§ 1726-1743. CHAPTER I. OF JURISDICTION. 1294. Jurisdiction of Probate Court over the estate, when exercised. 1295. When jurisdiction decided by first application. § 1294. Wills must be proved, and letters testamentary or of administration granted: 1. In the county of which the decedent was a resident at the time of his death, in whatever place he may have died; 2. In the county in which the decedent may have died, leaving estate therein, he not being a resident of the State; 3. In the county in which any part of the estate may be, the decedent having died out of the State, and not resident thereof at the time of his death; 4. In the county in which any part of the estate may be, the decedent not being a resident of the State, and not leaving estate in the county in which he died; 5. In all other cases, in the county where application for letters is first made. Probate matters-jurisdiction of Superior Courts in, sec. 76, subd. 4: of former Probate Courts, see under SUPERSEDED COURTS, sec. 76n. SUBDIVISION 1. County of decedent's residence-7 Cal. 215; 10 Cal. 110; 17 Cal. 233; 24 Cal. 182; Estate of Tittel, My. P. Rep. 97; 228, 237. SUBDIVISION 5. County where application first made-see sec. 1295. § 1295. When the estate of the decedent is in more than one county, he having died out of the State, and not having been a resident thereof at the time of his death, or being such non-resident, and dying within the State, and not leaving estate in the county where he died, the Superior Court of that county in which application is first made, for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. [In effect April 16th, 1880.] County where application first made-court of, has exclusive juris diction, 15 Cal. 220. CHAPTER II. OF THE PROBATE OF WILLS. ART. I. PETITION, NOTICE, AND PROOF. II. CONTESTING PROBATE OF WILL. IV. CONTESTING WILL AFTER PROBATE. V. PROBATE OF LOST OR DESTROYED WILL. ARTICLE I. PETITION, NOTICE, AND PROOF. 1298. Custodian of will to deliver same, to whom. Penalty. 1299. Who may petition for probate of will. 1300. Contents of petition. 1301. When executor forfeits right to letters. 1202. Will to accompany petition, or its presentation prayed for and how enforced. 1303. Notice of petition for probate, how given. 1304. Heirs and named executors to be notified, how. 1305. Petition may be presented to judge at chambers, and what judge may do. $1306. Hearing proof of will after proof of service of notice. $1307. Who may appear and contest the will. 1308. Probate, when no contest. 1309. Olographic wills. § 1298. Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the Superior Court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby. [In effect April 16th, 1880.] Delivery of will by custodian-jurisdictional significance of provision, 22 Cal. 397. § 1299 Any executor, devisee, or legatee named in any will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will proved, whether the same be in writing, in his possession or not, or is lost or destroyed, or beyond the jurisdiction of the State, or a nuncupative will. Petition-not essential to jurisdiction, 22 Cal. 395: presumptions, where missing, 22 Cal. 51. § 1300. A petition for the probate of a will must show: 1. The jurisdictional facts; 2. Whether the person named as executor consents to act, or renounces his right to letters testamentary; 3. The names, ages, and residence of the heirs and devisees of the decedent, so far as known to the petitioner; 4. The probable value and character of the property of the estate; 5. The name of the person for whom letters testamentary are prayed. No defect of form, or in the statement of jurisdictional facts actually existing, shall make void the probate of a will. In effect July 1st, 1874.] Petition for probate of will SUBDIVISION 1. Jurisdictional facts-10 Cal. 110, and see note infra. SUBDIVISION 3. Residence-as a jurisdictional requirement, My. P. Rep. 88, 228, 237; 19 Cal. 188; 26 Cal. 397. Jurisdictional facts existing-absence or defect of petition imma terial, 22 Cal. 51, 397. § 1301. If the person named in a will as executor, for thirty days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the court may appoint any other competent person administrator, unless good cause for delay is shown. Failure of executor to petition-does not affect 395. sdiction, 22 Cal. § 1302. If it is alleged in any petition that any will is in the possession of a third person, and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it at a time imed in the order. If he has possession of the will, and neglects or refuses to produce it in obedience to the order, he may, by warrant from the court, be committed to the jail of the county, and be kept in close confinement until he produces it. Probate orders and citations-secs. 1704-1711. Imprisonment until order obeyed-sec. 1219. § 1303. When the petition is filed and the will pro. duced, the clerk of the court must set the petition for hearing by the court upon some day not less than ten nor more than thirty days from the production of the will. |