In re Estate of Harris

Contestants insist that this court has jurisdiction where a guardian ad litem appears for minors and cites sections 872 and 373 of the Code of Civil Procedure and certain cases in support of this claim; but the supreme court, iu the Matter of Carpenter, 75 Cal. 596, seemed to hold the contrary, saying that they did not think the provisions referred to applied to probate proceedings. At that time, however, section 1718, Code of Civil Procedure, was in existence, and there was no necessity for a guardian ad litem, if the trial court in a will contest exercised its power to appoint an attorney…