In re the Estate of Byrne

Appeal from an order directing the sale of certain real property belonging to the estate of the decedent.

The deceased died intestate, and letters of administra *178 tian were issued upon his estate to Maggie G. Barrett, who duly made and returned to the court an inventory of the estate, and caused to be published a proper notice to his creditors. Thereafter one of the heirs at law of the deceased presented to the superior court a petition for the sale of certain real property belonging to the estate, upon the ground that it would be for the best interest of said estate that it should be sold, assigning various reasons therefor. The administratrix demurred to this petition, and filed certain objections thereto which were overruled, and the court made an order directing her to cause the property to be sold. From this order she has appealed.

The authority of the superior court to order the sale of any real property belonging to the estate of a deceased person depends upon the presentation of a petition therefor containing a statement of the facts required by section 1537 of the Code of Civil Procedure. The sufficiency of the petition is the basis of the order of sale, and upon a…