In re the Estate of Pearsons

Hiram A. Pearsons died July 7,1889, leaving a last will and testament, bearing date August 9, 1882, which was admitted to probate by the superior court of San Francisco, August 12, 1889, and letters testamentary issued thereon to Elliott J. Moore, who was named therein as its executor. On the 28th of January, 1892, the executor sold at public auction several parcels of land belonging to the estate of his testator, one of which was purchased by the appellant. The executor did not obtain any order of sale from the superior court, *605 but made the sales upon the contention that he had authority therefor by the terms of the will. After he had made his return aud asked for a confirmation of the sales, the appellant filed certain objections thereto, but upon the hearing the objections were overruled, and the court confirmed the sales and directed conveyances to be made. From this order the purchaser has appealed.

1. The order confirming the sale and directing a conveyance to be made is appealable. Section 963 (3) of the Code of Civil Procedure authorizes an appeal to be taken from the superior court to the supreme court “from a judgment or order .... against or in favor of directing…