In re Brannan's Estate

Citations

• 5 Cal. Unrep. 882
• 51 P. 320
• 1897 Cal. LEXIS 993

Syllabus

<p>Executors—Petition to Sell Land.—Legatees presenting a verified. petition for the sale of testator’s land need not prove the allegations of the same, where they are not denied by answer.</p> <p>Executors—Sale of Land—Evidence.—A Contention that certain allegations in a petition to sell a testator’s land were not proved cannot be sustained where they were matters which appeared from the papers on file in the case, to which the attention of the court was called.</p> <p>Executors—Sale of Land.—Where Testator’s Land was Leased</p> <p>for a certain period, an executrix cannot object to a sale thereof before the expiration of the lease, to pay debts and legacies, on the ground that it would cause a loss of the rents, if they would not greatly exceed the interest on such debts and legacies.</p> <p>Executors—Sale of Land.—An Objection That, on Account of the depreciated value of testator’s property, a sale thereof would be to the damage of the residuary legatees, cannot be interposed against a petition for an order directing the executrix to sell, as the objection can be considered, under Code of Civil Procedure, section 1552 et seq., only when the sale comes up for confirmation.</p> <p>Executors—Sale of Land Subject to Lease,—An executrix may be directed to sell testator’s property, subject to an existing lease for a term of years, giving the lessee an option to purchase at the end of the term, where the lease does not prohibit a sale during the term.</p>