Digest Of The Laws Of California Containing All Laws Of A General Character Which Will Be In Force On The First Day Of January 1858

Author : William H. R. Wood
Publisher : Rarebooksclub.com
ISBN 13 : 9781230162072
Total Pages : 568 pages
Book Rating : 4.1/5 (62 download)

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Download or read book Digest of the Laws of California; Containing All Laws of a General Character Which Will Be in Force on the First Day of January, 1858 ... Prepared Und written by William H. R. Wood and published by Rarebooksclub.com. This book was released on 2013-09 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ... and a sale is necessary to pay any demands against the estate. Art. 2294, Sec. 151. If it appear that a sale is necessary, the court shall order it to be made. In making such sales, the court shall order such articles as are not necessary for the support and subsistence of the family of the deceased, or are not specially bequeathed, to be first sold. Angles so bequeathed shall not be sold until the residuo of the personal estate hasnieen applied to the payment of the debts. Sec. 152. The sale of personal property shall be made at public auction, and after public notice given for at least ten days, unless for good reason shown the probate judge shall order a private sale; but no private sale shall be effectual for any purpose till the same shall be approved by the probate judge. Public sales of such property shall be made at the court-house door, at the residence of the deceased, or at some other public place to be mentioned in the notice; and no sale shall be made of any property which is not present at the time of selling.--Am. May 7, 1855; R. S. St. 1851, 467; St. 1850, 389; C. L. 398. Sec. 153. The notice shall be given by notices posted in the public places in the county, or by publication in a newspaper, if the judge shall so order, in which shall bo specified the time and place of the sale. Art. 2295, Sec. 154. When the personal estate in the hands of the executor or administrator shall be insufficient to pay the allowance to the family, and all the debts and charges of the administration, the executor or administrator may sell the real estate for that purpose upon the order of the county judge. Sec. 155. To obtain such order, he shall present a petition to the probate court, setting forth the amount of personal estate that has...