Estate of Boland

Citations

• 55 Cal. 310

Syllabus

<p>Appeal—Party Aggrieved—Definition—Estates of Deceased-Persons.— Upon an appeal from an order directing a resale of real property, which had been previously sold by the administratrix, and confirmed to the appellant as purchaser, held, that the appellant, though not an actual party to the proceedings in the Court below, was a party aggrieved, and entitled to appeal under §§ 969 and 938 of the Code of Civil Procedure.</p> <p>Estates of Deceased Persons—Sale of Real Estate—Petition—Jurisdiction.—A petition for the sale of real estate, whether under § 1630, or under § 1537, Code of Civil Procedure, must, in order to give the Court jurisdiction, set forth the condition of the property, and, if under the latter section, it must be verified.</p> <p>Id.—Id.—Id.—Id.—Proceedings for the sale of real estate, in the Probate Court, are in the nature of an action, and the jurisdiction of the Probate Court depends absolutely on the sufficiency of the petition—in other words, upon its substantial compliance with the requirements of the Probate Law.</p>