In re Estate of Murray
California Supreme Court
Appeal from the Probate Court of Sonoma. The Administratrix of the estate of Murray, deceased, applied to the Court for an order to sell real estate to pay debts and expenses of administration.
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Appeal from the Probate Court of Sonoma. The Administratrix of the estate of Murray, deceased, applied to the Court for an order to sell real estate to pay debts and expenses of administration. There was no personal property of any value, and the real estate consisted of a tract of land containing about two hundred and 'thirty acres, upon which there was a mortgage, executed to one Salmon, for the purchase money of the land, amounting to $1,600. The land was sold under order of the Court, and brought $1,825; the expenses of the sale were forty-eight dollars and fifty cents, leaving net…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The only question made by this record is as to the application by the Administrator of the proceeds of the sales of real estate, sold by the Administrator under order of Court, and bound by mortgage, as between the Administrator claiming to hold the money for general expenses of administration, or for the other creditors and the mortgagee. We think that the one hundred and eighty-sixth section of the'statute (Wood’s Dig. 410) settles the question : “ When any sale is made by an Executor, or Administrator, pursuant to the provisions of this chapter, of land subject to…
2Cited by3 opinions
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