In re Estate of Smith

1. The order of the Probate Court refusing to set aside the order of sale previously entered is not the subject of appeal to this court. (C. C. P., Sec. 969.)

2. The appeal is also taken from the order of sale, and it is urged by the appellant that the petition upon which the order is founded is insufficient. The several matters required to be set forth in such a petition are enumerated in the Code of Civil Procedure (Sec. 1537); amongst these is the “ condition ” of the property to be sold. The description of the property is distinctly required to be stated, and also its value, and, besides these, its condition is to be set forth in the petition. The court should be informed by the petition of the condition of the property: that is, whether the property is improved or unimproved; productive or unproductive; occupied or vacant, and the like; such information is necessary to enable the court to intelligently exercise its judgment in the selection of the property of the estate, which can be most advantageously sold. In the petition filed in this case the condition of the property is not stated, and in this respect the petition is substantially defective; the provision found in the…