Broadwater v. Richards
Montana Supreme Court
Appeal from First District of Custer County. The same attorneys appear in this as in the preceding ■case, and the briefs seem to have been prepared with reference to both cases. See briefs in that case. SECOND APPEAL.
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Appeal from First District of Custer County. The same attorneys appear in this as in the preceding ■case, and the briefs seem to have been prepared with reference to both cases. See briefs in that case. SECOND APPEAL. In addition to the points and authorities on file in this cause, and insisting thereon, the following matters are presented to this court: This is an appeal from the judgment of the district ■court (Transcript, 151, 152), disapproving the account of the administrator and making further orders in the matter. I. Upon all the questions involved in this appeal which are similar to…
1Opinion of the Court
Wade, O. J.
Proceedings for the sale of the real estate of an intestate are in the nature of an action, of *84which the presentation'of the petition is the commence- : ment and the: Order of sale-is the judgment. Sprigg’s Estate, 20 Cal. 121.
The administrator has no authority over the real estate of an intestate, except to sell in pursuance of an order of sale properly issued. Having no general authority, he must strictly comply with the order.
After an administrator has made and returned into ■court a sale, any person interested in the estate may file written objections to the confirmation…
2Cases cited1 opinion
- In re Estate of SpriggsCalifornia Supreme Court · 1862
3Cited by11 opinions
- Lamont v. VingerMontana Supreme Court · 1921
- Shields v. PauwelynMontana Supreme Court · 1905
- Plains Land & Improvement Co. v. LynchMontana Supreme Court · 1909
- In Re McLure's EstateMontana Supreme Court · 1926
- Beatty v. Murray Placer Mining Co.Montana Supreme Court · 1895
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