Wilson v. Hastings

Citations

• 66 Cal. 243
• 5 P. 217
• 1884 Cal. LEXIS 747

Syllabus

<p>Estates of Deceased Persons—Petition for Sale of Real Estate—Reference to Inventory—Description.—Under section 155 of the act to regulate the settlement of the estates of deceased persons, in force in 1855-57,' a petition for the sale of real estate to pay debts and expenses may refer to the inventory for a description of the real estate and the condition and value thereof, and both may be considered together. But where the petition contains no description of the real estate, or its condition or value, and the reference to the inventory is for greater certainty, it is insufficient to incorporate the inventory with the petition.</p> <p>Id.—A description of portions of the real estate as “the undivided one half part of one league on Clear Lake,” and “the undivided one half part of a farm and vineyard at Sonoma, containing 833 acres, more or less,” is insufficient.</p> <p>Id.—Jurisdiction.—Unless the petition, or inventory, if referred to, substantially complies with the requirements of the statute, the court acquires no jurisdiction to order a sale; and an insufficient description as to one of several parcels of land, referred to in the petition or inventory, will deprive the court of its jurisdiction, although the remaining parcels are sufficiently described.</p> <p>Id.—Guardian and Ward—Powers of Foreign Guardian — Jurisdiction. —The consent of a guardian appointed in and resident of another state, to a probate sale of real estate belonging to his wards, situated in this state, confers no jurisdiction on the court to make the order of sale.</p>