Estate of Pavert

SLOSS, J.

Maggie Pavert died intestate, and R. J. Pavert, her surviving husband, was appointed administrator of her estate by the superior court of Alameda County. Upon his petition, the court made an order directing a sale of the real

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estate of said decedent, dent, and one of her heirs. F. D. Love, the father of the deceappeals from this order.

The petition asked for ; sale of the real estate was debts of the decedent, ar of administration, and, se benefit, and best intereste therein that said real estap the existence of both gro sale upon the grounds, first, that a necessary to pay the outstanding d the debts, expenses, and charges ond, that it was for the advantage, of the estate and those interested e be sold. The order of sale found itnds.

The appellant does not tion. His sole contentioi rant the making of the or question the sufficiency of the petiis that the evidence did not warier.

t) the The property ordered land, both of which were the estate, consisting of to five thousand seven hujr crued and estimated, of petition alleged, and the $59 in cash on hand, anc. property belonging to th; that the evidence showed property belonging to the administrator had, during lected rents of $37.50 per His testimony was that a by him for expenses, and, three hundred dollars on At any rate, the amount mained on hand, was not finding that a sale was m of administration. be sold consisted of two pieces of subject to mortgage. The debts of mortgage obligations, amounted dred dollars, and the expenses, ac-administration came to $977. The idministrator testified, that he had that there was no other personal estate. The appellant’s claim is ijhat there was considerable personal estate and not accounted for. The a period of several months, col-month on one of the pieces of land. 1 of this money had been paid out , in particular, for a payment of account of one of the mortgages, thus collected, even if it had re-large enough to affect the ultimate <cessary to.pay debts and expenses

The principal controver appellant that the adminiu estate of his wife in the account of a promissory administrator testified '■ evidence on the subject of edness was very confused cede that, if the issue wt this proceeding, the cou: should have, concluded indebted to the estate on that it :y arises over the contention of the ¡trator himself was indebted to the iium of eleven thousand dollars, on note executed by him to her. The this claim had been settled. The the eleven thousand dollars indebt- and unsatisfactory. We may eon-re one requiring determination in below might well, and perhaps at the administrator, in fact, was iceount of the note. But the fact tl