In re Estate of O'Sullivan

Citations

• 84 Cal. 444
• 24 P. 281
• 1890 Cal. LEXIS 820

Syllabus

<p>Estates of Decedents — Order of Sale — Publication in Weekly Newspaper. — The publication of an order to show cause why an administrator’s petition for the sale of the real estate of a decedent should not he granted, and of the notice of the sale of such real estate, may be made in such newspaper in the county as the court or judge shall direct, for the number of successive weeks required by the statute, though such paper be published weekly only, and though other papers are published daily in the same county.</p> <p>Id. — Statutory Proceedings — Construction of Statute — Power of Court. — Though the validity of statutory [ oc dings to pass title to the real estate of a decedent depends upon a sub toantial compliance with the law, yet the court ca mot, by construction, ingraft upon the statute a new or additional provision not contained therein, in order to declare the proceedings invalid.</p> <p>Id. —Publication to Day of Sale. —Under our statute, the publication of notice of such a sale must be for two weeks successively next before the day of sale, and as often during the prescribed period as the paper is regularly issued; and such publication, if in a weekly newspaper, is not required to be made on or including the day of sale.</p>