In re the Estate of Arguello

This is an appeal from an order directing the sale of certain real property of the estate, upon the petition of E. W. Morse, a creditor.

1. Appellants contend that the petition is fatally defective, because it does not contain the matters required to be stated therein by section 1537 of the Code of Civil Procedure.

It has been settled here that a substantial compliance with that section is sufficient. (Stuart v. Allen, 16 Cal. 501 ; Richardson v. Butler, 82 Cal. 174 .) But it would not be necessary for respondent to invoke that rule in the case at bar, because the petition here is very full, and seems to cover every particular mentioned in the code, except one,—it neglects to state whether the real property was separate or community. But that defect is remedied by the fact that it is stated in the order directing the sale that the property was separate property. (The point originally made in appellants’ brief, that the petition was not verified, has since been met by a stipulation mending the record.)

2. It is contended that the order cannot stand, because there were no findings.

It has never been definitely determined here that findings were necessary in probate orders like…