20 Cal. 121 | Cal. | 1862
The petition of the administrator in this case was presented to the Probate Judge before the amendments of 1861 to the Act to Regulate the Settlement of the Estates of Deceased Persons took effect. The subsequent proceedings were taken under the act as amended. In stating the purport of the provisions of the original or amended act, we shall confine ourselves to such as bear upon the case before us. The deceased did not leave any family, and of course, there was no question as to any allowance; nor did he leave any heirs.
The statute provides that when the personal estate in the hands of the administrator is insufficient to pay the debts of the deceased
The order thus made, after notice to all parties interested, and after examination of the proofs presented, is an adjudication of the Court that the sale of the property described is necessary. From this order the administrator, and any person interested in the estate may appeal, but unless an appeal be taken, the order is conclusive and binding upon them. The proceeding for the sale of the real
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. “If it appear to the Court,” says the statute, “ that the sale was legally made and fairly conducted, and that the sum bid was not disproportionate to the value of the property sold, * * the Court shall make an order confirming the sale, and directing conveyances to be executed.” (Sec. 171.)
These views dispose of the merits of the appeal in the present case. The order of sale was made upon due notice and consideration ; it designates the property to be sold by specific description; the Court finds expressly that the sale of each parcel “ was legally made and fairly conducted;” and that due proof was made to its satisfaction that the price was proportionate to the value of the property, and that a sum exceeding the bid of the appellant ten per cent., exclusive of the expenses of a new sale, could not be obtained. (Secs. 169 and 171.) Upon its own finding, the order of sale being unvacated and not appealed from, it only remained to confirm the sale, even if it be admitted that the Court erred in directing too large an amount of the property to be sold.