In re Estate Durham

Citations

• 49 Cal. 490

Syllabus

<p>Sade by Executobs undeb Powee in' Wild.—When a will contains a naked power authorizing the executors to sell the property of the testator, the executors may sell without an order by the Court, but must report an account thereof under oath, and must procure an order fixing the day for hearing the report and give notice thereof, and unless there are special directions in the will, must conduct the sale in all respects as if made by an order of the Court, and have it confirmed by the Court.</p> <p>Idem.—If the Probate Court makes an order confirming such sale without legal notice having been given, it may set aside the order as having been made without jurisdiction.</p> <p>Idem.—The Court may vacate a sale made by the executors under such power, if a sum exceeding the price obtained by them, by at least ten per cent, exclusive of the expenses of a new sale, is offered, and may direct a resale.</p>