In re Estate of Smith
California Supreme Court
Appeal from the Probate Court, County of Santa Clara. Ansyl Smith died April 25, 1875, leaving a will. Letters testamentary were issued to A. Madan. February 3, he filed a petition for the sale of the real estate. The petition was heard March 11, 1876, and there being no objection the court made an order of sale. The order does not recite that the condition of the land was proved on the trial, nor does it appear in the record that it was proved.
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Appeal from the Probate Court, County of Santa Clara. Ansyl Smith died April 25, 1875, leaving a will. Letters testamentary were issued to A. Madan. February 3, he filed a petition for the sale of the real estate. The petition was heard March 11, 1876, and there being no objection the court made an order of sale. The order does not recite that the condition of the land was proved on the trial, nor does it appear in the record that it was proved. The executor made the sale on the 28th of April, 1876. The widow, Eunice Smith, on the 1st of May, 1876, petitioned the court to set apart to her a…
1Opinion of the Court
By the Court:
1. The order of the Probate Court refusing to set aside the order of sale previously entered is not the subject of appeal to this court. (C. C. P., Sec. 969.)
2. The appeal is also taken from the order of sale, and it is urged by the appellant that the petition upon which the order is founded is insufficient. The several matters required to be set forth in such a petition are enumerated in the Code of Civil Procedure (Sec. 1537); amongst these is the “ condition ” of the property to be sold. The description of the property is distinctly required to be stated, and also its value,…
2Cited by11 opinions
- Webb v. StillCalifornia Supreme Court · 1897
- Estate of BolandCalifornia Supreme Court · 1880
- Couco v. DrinkhouseCalifornia Supreme Court · 1902
- Devincenzi v. FigoneCalifornia Supreme Court · 1897
- Plains Land & Improvement Co. v. LynchMontana Supreme Court · 1909
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