Smith v. Olmstead

Citations

• 3 Cal. Unrep. 223
• 22 P. 1143
• 1890 Cal. LEXIS 1152

Syllabus

<p>Wills—Omitted Children—Power of Sale.—Under Code of Civil Procedure, section 1561, providing that “when property is directed by the will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without order of the court,” and section 1307, providing that children of a testator omitted from a will must inherit from the testator “as ' if he had died intestate,” a power of sale in a will does not authorize the sale of the interests of children not mentioned in the will, without the previous sanction of the probate court required in ordinary cases, and a subsequent confirmation of the sale by the court does not validate it.</p>