Whenever a minor or incapacitated person, not under patria potestas, has no guardian appointed in a testamentary disposition, such guardian shall be provided for him on petition of a party showing by affidavit the aforesaid facts, as well as which number agreement problem [person] mentioned in §§ 701-709 of Title 31, as the case may be, shall exercise the guardianship, or that he has no such [person].
History —Code Civil Proc., 1933, § 608.