In re Estate of Spriggs

Citations

• 20 Cal. 121

Syllabus

<p>An order for the sale of real property of an intestate, made by the Probate Court after notice to all the parties interested, in the manner required by the statute, and after examination of the proofs presented, is an adjudication that the sale of the property described is necessary, and unless appealed from, is conclusive and binding upon the administrator, and upon all parties interested in the estate:</p> <p>The proceeding for the sale of the real estate of an. intestate is in the nature of an action, of which the presentation of the petition is the commencement, and the order of sale is the judgment. This judgment cannot be obviated, nor can its efficacy be impaired, by the fact that it may subsequently appear that too low an estimate was placed by the Court upon the value of the property ordered to be sold, or as to the price it would probably bring.</p> <p>The provisions of the statute allowing objections to be made to the sale, and requiring for its efficacy a confirmation by the Court, are only intended to secure such an execution of the order of sale that a just and fair price may be obtained for the property for the benefit of the estate. The authority of the Court is limited to such a supervision and control that this end may be effected. It is the better practice for the Court, in all cases where there are several distinct parcels of property, to insert in its order a direction that the sale cease when the amount required has been obtained; but the omission of such a direction docs not invalidate the order or the sales made in pursuance of it.</p>