In re the Estate of Gibbs
Utah Supreme Court
Appeal from an order of tbe district court of tbe third district refusing to confirm a sale of real estate. Sections 504 and 505 of tbe Code of Civil Procedure are as follows: “Sec. 504. Upon a trial of a question of fact by tbe court, its decision must be given in writing and filed witb" tbe clerk witbin thirty days after tbe cause As submitted for decision. “Sec. 505. In giving tbe decision, tbe facts found and tbe conclusions of law must be separately stated.
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Appeal from an order of tbe district court of tbe third district refusing to confirm a sale of real estate. Sections 504 and 505 of tbe Code of Civil Procedure are as follows: “Sec. 504. Upon a trial of a question of fact by tbe court, its decision must be given in writing and filed witb" tbe clerk witbin thirty days after tbe cause As submitted for decision. “Sec. 505. In giving tbe decision, tbe facts found and tbe conclusions of law must be separately stated. Judgment upon tbe decision must be entered accordingly,” Tbe decision was not given in writing nor were any findings filed. Tbe…
1Opinion of the Court
Boreman, J.:
Horace Gibbs died intestate, leaving Susannah Gibbs, bis widow, who was at bis death, and still is, living on “tbe .real estate constituting tbe homestead of tbe deceased.” *98He left seven or eight children and heirs, five of whom are the appellants.
The administrators applied to the probate court for the sale of so much of the real estate (the homestead referred to) as might be necessary to pay certain taxes, court expenses, and expenses of administration likely to accrue.
At the hearing in the probate court, the appellants objected to a sale of a part only of the real estate, and…
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