In re Estate of Packer

Pending administration of the above-entitled estate the administrator filed his petition praying for an order to sell certain real property belonging to the estate “on the ground that it was for the advantage, benefit and best interests of the estate and those interested therein,” setting forth in detail “in what way an advantage and benefit would accrue to the estate, and those interested therein, by such sale.” An order was duly made reciting the substance of the petition and fixing a time and place for its hearing. This order was duly published as required by law. Upon the hearing proofs in support of the petition were submitted, and no one interested in *397 the 'estate opposed the application. The sale was ordered and made in due course, and was duly confirmed after hearing of returns of account of sale and upon due notice. The surviving wife of deceased, one of the heirs at law, appeals.

The petition showed that there were no debts, expenses, or charges of administration to be met, and that the only ground for the order was as above stated. Section 1537 of the Code of Civil Procedure, as amended in 1893, reads: “And if said order for sale of real estate is petitioned for on…