Estate of Rawitzer

This is an appeal from an order directing the sale of real estate.

The appellant, First Trust Company of Omaha, is the executor of the last will of the decedent, duly appointed as such by the county court of Douglas County, state of Nebraska, and had entered upon its duties as such executor. The property of the decedent, including that here in controversy, is given by the will to said First Trust Company of Omaha as trustee in trust, for certain purposes hereinafter stated. The respondent is the administrator with the will annexed of the estate of the decedent, appointed by the superior court of Alameda County, in which county the land involved is situated.

The administrator, in his petition, asked for the sale of the land on the ground, first, that it was necessary for the payment of the debts of the decedent, and, second, that it was for the advantage, benefit, and best interest of the estate and those interested therein that the same should be sold. The First Trust Company of Omaha filed opposition to this petition on the ground that there were no debts, that it was not to the best interest of the persons interested in the estate that the property should be sold, and that the…