Estate of Bragg

This is an appeal by Robert Bragg, a creditor of deceased, from an order denying his petition for an order of sale of the real property of deceased, the application for such order being based on section 1545 of the Code of Civil Procedure, which authorizes any person interested in the estate to make such an application, when the executor or administrator neglects or refuses to do so, and the same is necessary, or for the advantage, and benefit or best interests of the estate. The application was opposed by three out of the four devisees under the will of deceased. The court denied the application without making any findings of fact, specific findings being waived.

The record presents a somewhat peculiar combination of facts The petitioner, Robert Bragg, was the father of deceased, and he and Rebecca Bragg Martenstein, a sister of deceased, one of the opposing devisees, are the executors under her will. By her will, dated April 9, 1906, deceased gave her real property fronting on Sixteenth Street, between Noe and Castro streets, in San Francisco, to two of her sisters, and her real property at the corner of Dolores and Fourteenth streets in said' city to her two other sisters. She…