Estate of Reddy

Good Law
5 Coffey 405
Superior Court of California, County of San FranciscoSeptember 29, 1906No. 23,438California4,039 words

Opinion

lead Opinion

Coffey, J.

This is an application by the executor of the will of Patrick Reddy, deceased, for an order of sale of all of the property of the decedent upon the ground that the sale is for the advantage, benefit, and best interests of the estate and those interested therein.

It is opposed by the contestants, R. M. Cobban and T. B. Walker, on the ground that it is not necessary to pay family allowance, debts, expenses or charges of administration or legacies, and that it would be prejudicial to their interests to the extent of many thousands- of dollars, and they assert that since no heir or devisee of the deceased has asked for a sale óf the property, and as the executor has no interest in the matter, it is clear that if there be the slightest doubt as to the granting of the petition, it should be resolved in favor of the contestants, who will be irreparably injured if the sale be made, and no one will suffer injury if the petition be denied.

The executor denies that Cobban and Walker have any interest in the premises; and they have no right to be heard in the proceeding.

Patrick Reddy died leaving as his sole devisees and heirs at law his widow, Emily M. Reddy, and his brother, Edward A.…

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