Matter of the Estate Of Caleb Dorsey

Citations

• 75 Cal. 258
• 17 P. 209
• 1888 Cal. LEXIS 523

Syllabus

<p>Estate of Decedent—Sale of Real Estate—Order for Public or Private Sale. — Under section 1544 of the Code of Civil Procedure, an order for the sale of the real estate of a decedent, made at the instance of a creditor, should direct that the sale be made at public auction, unless in the opinion of the court the best interests of the estate would be sub-served by a private sale. Where, however, a private sale is asked for in the petition, the court may act upon the opinion of the executor or administrator and order such a sale to be made.</p> <p>Id. — Time for Private Sale. — An order for the private sale of certain real estate of a decedent which limits the time within which the sale can be made to a period sufficient to give twenty days after the publication of notice of the sale for the reception of bids, is not unreasonable.</p>