Estate of Baird

SHAW, J.

This is an appeal by David Jennings Baird from an order for the sale of the real property belonging to the decedent.

On April 9, 1914, David Jennings Baird filed a petition in the proceeding for the administration of the estate of David J. Baird, praying for a distribution to him of a part of the property of the estate. He claimed the right thereto on the ground that he was the illegitimate son of the decedent duly legitimated by the decedent in the manner provided in section 230 of the Civil Code. The decedent had no other children and the claimant, if lawfully legitimated, would be the only heir of the decedent. This claim was contested by the next of kin. A trial was had and judgment was given against the claimant. This judgment was reversed on appeal by the supreme court.

(Estate of Baird,

173 Cal. 617, [160 Pac. 1078].) Thereupon there was a new trial of the matter before'a jury. A verdict in favor of the claimant was rendered on November 28,

[744]

1917. Upon -this verdict a decree distributing to said David Jennings Baird the lands in controversy was made on June 14, 1918.

In the meantime, on May 1, 1918, Brown, as executor, filed a petition for an order authorizing him to sell the said lands, on the ground that such sale would be for the advantage, benefit, and best interest of the estate and of the persons interested. This petition came on* for hearing on June 3, 1918, upon objections filed by said claimant and was thereupon submitted for decision. On July 22, 1918, more than a month after the court had made the order distributing the land to said David Jennings Baird, the court made an order authorizing Brown, as executor of said estate, to sell the same land at public auction. The latter is the order appealed from.

[1]

Upon the mating of a decree distributing the estate of a decedent, or a part thereof, the court in probate loses jurisdiction of that property, except so far as may be necessary to compel the executor or administrator to obey the decree and deliver the property to the distributee. (Code Civ. Proc., secs. 1666, 1697;