The morning call., 1893-09-02


A.nIE lEF aI.lessIt a.tas af IfaasfH Frta.Fs.
Z nas fae cantftat ss4esfff 81 faalet 's
lst tr.e a4sIa R.Y a-rmnrr esd 81 rrs
ts.e-e Has -~ nIins iaI aaa ahat. frH TFaf-.
~ alf..Hfs fl tDis utisaEf1lelE la ulfllauGn ta
ffe .rileI aH1 lAr sf5llt 90 tla Isu. saa. a. lu
p 90 fnalieisi ~ Pa thai 90 iir alffaircuVn9
fhr court presifea over by rns has sought in
H. sel ciiuu 0i appraisers 90 cbon-r competent
aud honest men and has seIuffuizea tn.tf wofk
carefully before ecceutiDg a. Making due
allowance f0I TIE falbiAty Of human iudg
ment, DO not think charges sworn or uusworn.
public OF private, that probate appralsements
Ia san Francisco "were not worth the paner
they were written upon" OF 'tnaI IL was a mere
matter Of form" or unreliable IN every paItic-
ular' nave foundation IN fact
IL must be remembered that probate ap-
praiseFs are officers specially sworn 10 dis
charge their duty, and are. as a rule, men Of
known proDty of character, ana their specific
statement under oath is sustained by as solemn
a sanction as that of persons who make loose
general assertions, albeit sworn, without assign
ing instances OF false aud forsworn probate an
prasements. Ii is quite possible of course In
This as In every other line Of life for imposition
10 be attempted or deceit practiced, for expert
ence teaches all Of US that The most discerning
may be deceived, the most vigilani eluded, and
that Notwithstanding all precautions and safe
guards, occasional acts OF disoDedlence OF rules
or violation OF law may be accomplished with.
out detection or discovery until 200 late for pre-
ventiOn or punishment. But | AIN confident
that. In spite OF calumny to the contrary, speh
moral alterations are rare aud Isolated IN the
particular cases In question. AT ali events
IL such cases exist 1t Is the duty OF
those who claim 10 know of them to
communicate their knowledge TO The court
with a view 10 tbs correction OF what l should
consider a gross abuse aud fraud upon the
State-for my view has been from the Tirst, and
have frequently and publicly so said, that the
Stale has an important interest An securing tile
appraisement Of all estates az their actual value
and Instructions to that effect 20 forward with
every notification of appointment 10 appraisers.
IL Is OF consequence 10 note that one test Of
the validity OF the valuation OF appraisemenIs
is in the sales OF real estate subject 10 confirmd
ton by the Probate Court. In such eases tie
standard of valuation is the appfaIsement. and
as those sales are always exposed TO competi-
tOn and fix property values In their viclplty 10
may he seen how absurd 1t Is 10 attempt 1nally
to palm off upon the court false or frauduie.x
apprasement.
/ iuclose to you printed copies OF sue,
structi0ns, and which are expressive
views upon this question.
The burden OF business now pres
me prevents more detailed answer
quities. Yours respectfully, j. w
The printed instructions rel
Judge Coffey's letter take Z
form:
SUPERIOR COURT. DEPT. 3,
San francisco. Cal, N
APPRAIsERs-NO Bene:
appraisers Is especially ca
visions of the law governing
charge OF their duty (Part
ter ", article Xl, Code OF
The compensation OF aupraF
SO for every day actually am
ployed ~ The appraisement.
charges will be allowed.
The attention OF appraisers
especially to tie necessity OF
iZed account OF their charged
nents. Day and date must b
Instance where mofe than one
rendered. Experience has taush\
necessity or vigorously enforely
which, although in existence f0N
been occasionally tbut inadyertenhN
Gently In most eases) dlsTegaTded.
Joined therefore upon the appraisers q
by the court TO preserve data in detaifN
charges and annex the same To their repI\
j. V. (OFFEY. Judk\
The general instructions given to AZ
praisers are contained in two sections Of
the Code of Civil Procedure. They are
embodied as follows:
Instructions 10 appraisers-The attention Of
persons appointed 10 act as appraisers Is dl-
ected to the duty of obeying the obligations OF
the statute strictly. The court will demand of
each appraiser the faithful discharge OF his
trust. according TO sections 1444 and 1445 OF
the Code Of Civil Procedure. The eompensa-
tiOn OF appraisers is 50 per diem of actual ser
vice; no constructive" charge will be consid-
cred. The appraisers must. With the inventory,
file a verified account OF their services and
disbursements.
Section 1445. Before proceeding TO the exc
cution Of their duty, the appraisers. before any