In Re Johnson

It is disclosed by the record, the completeness of which is not questioned and from which alone the jurisdictional question involved must be determined, that one Marie H. Vance, as executrix of the last will of S. A. Vance, deceased, entered into an agreement for the sale of certain shares of corporate stock belonging to the estate of said Vance; that under the provisions of said will authority to sell without order of court was given, but, as required by section 1561 of the Code of Civil Procedure, she reported to the court that she had entered into an agreement to sell said property for $143,216.66 cash, and had received a thousand dollars of such purchase price; that the balance of the cash was to be paid upon delivery of the certificates duly assigned and upon confirmation of such sale by the court. She further reported that she had agreed that the purchase money should be left on deposit with the American National Bank at Los Angeles for a period of sixty days after confirmation, and that she had agreed to assign as a part of the transaction a certain agreement of guaranty theretofore made with reference to dividends upon said stock. She prayed the court for an order of…