In re Wickersham's Estate

These are appeals from orders of the court confirming sales of real estate made by the executors under a power of sale in the will of deceased. They involve the same questions, and are submitted on the same briefs. In what we have to say, the former appeal is directly referred to, but the decision will apply to both. The appellants are the same as the appellants in the case of the same title, S. F. No. 3037, and as the respondents in case S. F. No. 3157, just decided ( 138 Cal. 355 , 70 Pac. 1076 ); and as in those cases the principal question involved is as to their right to be heard in opposition to the sale. On this ques *72 tion the court held the negative. But the case presented by the appellant’s written opposition to the sale is substantially the same as presented in the former cases, and on the authority of the decision there, and under the provisions of section 1553 of the Code of Civil Procedure, this ruling of the court must be held to be erroneous.

It is objected, however, by the respondents’ counsel, that the appellant’s opposition does not show that the order was in fact erroneous, which is apparently the ease. But assuming the objection to be material, it is…