Sharp

George F. Sharp died October 17, 1882, leaving a last will and testament, in which he gave to his executor power “to sell, dispose of, and convey any portion of my estate, real, personal, and mixed, at either public or private sale, and for such price or prices as he may deem best, and to make good.and sufficient conveyances thereof without any order or authority whatsoever from the probate or any court.” All the estate left by him was community property acquired subsequent to his marriage with the plaintiff herein, who is his surviving widow. His will was admitted to probate, and, after notice to creditors had been given, various claims against his estate were presented and allowed. Among the claims so presented and allowed was one in favor of Ignatz Steinhart for fourteen thousand four hundred dollars, and one in favor of Wells, Fargo & Co. for eleven thousand two hundred and forty-seven dollars, each of which was secured by a mortgage of real estate, executed by the decedent. Under the authority conferred by the will, the executor sold certain real estate other than that covered by the mortgages aforesaid, and May 20, 1886, filed with the superior court a return of said sale,…

A rehearing is denied. The opinion filed herein is not to be construed as holding that the husband can confer upon his executor testamentary authority to sell or otherwise dispose of any portion of the community property except for the purpose of satisfying the claims and demands which by the statute are made chargeable upon the community property.