Lindstrom v. Haglund

MOORE, P. J.

These are appeals from orders of the superior court sitting in probate confirming a sale of real property by a special administrator with general powers, allowing a creditor’s claim, and admitting a will to probate and disallowing a prior will.

Etta Kennedy departed this life on October 25, 1946, leaving two writings purporting to be wills. The first, dated January 24, 1945, devised certain real property to appellant Haglund, the residue to appellant Friday who was named executor. The document dated May 23, 1945, devised the same realty to others and by a codicil thereto dated October 3, 1946, designated Clarence Weisbrod executor. Both instruments having been duly offered for probate, by reason of the anticipated delays to be caused by will contests, respondent Lindstrom was appointed special administrator with general powers on December 16, 1946.

On February 13, 1947, Lindstrom, as special administrator, filed a return of sale of the real property and household furnishings which by the first will had been devised to appellants and petitioned the court for confirmation of the sale. He alleged that it was “for the advantage, benefit and best interests” of the estate and the beneficiaries thereof that such property should be sold. Over appellants’ objections the court found in accordance with such allegation and confirmed the sale.

Appellants attack the sale on three grounds:

(1) They assert that the advertisement asking for bids contained a statement that “such real and personal property will be offered separately,” but were not. This was not true. The notice of sale, after 'specifying the time and place

[797]

of sale and describing the realty proceeded to recite that

“also

as a unit with said real estate, all furniture and furnishings except the oriental rugs,

or

separate bids will be received for either realty or furnishings.” Such notice was a sufficient basis for the sale either as a unit or separately.