not necessary for the support and subsistence of the family of the decedent, or are not specially bequeathed, must be first sold, and the court or judge must so direct. En. March 11, 1872. Am'd. 1873-4, 368. Cal. Rep. Cit. 57, 459. Prob. Act, sec. 151. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1860, 175; 1861, 639. Cal. Rep. Cit. 48, 193. § 1526. Sale of personal property. The sale of personal property must be made at public auction for such money or currency as the court may direct, and after public notice given for at least ten days by notices posted in three public places in the county, or by publication in a newspaper, or both, containing the time and place of sale, and a brief description of the property to be sold, unless for good reason shown the court, or a judge thereof, orders a private sale or a shorter notice. Public sales of such property must be made at the courthouse door, or at the res1dence of the decedent, or at some other public place; but no sale shall be made of any personal property which is not present at the time of sale, unless the court otherwise order. En. March 11, 1872. Am'd. 1873-4, 369; 1880, 93. Prob. Act, sec. 152. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1855, 299; 1861, 640. Prob. Act, sec. 153. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 640. § 1527. Sale of personal property of deceased person. Whenever it appears to the court on any hearing of an application for a sale of real property, that it would be for the interest of the estate that personal property of the estate, or some part of such property, should first be sold, the court may decree the sale of said personal property, or any part of it, and the sale thereof shall be conducted in the same manner as if the application had been made for the sale of such personal property in the first instance. En. 1905, 242. Cal. Rep. Cit. 104, 111. By some unaccountable mistake the present section 1639, which concerns sales of personal property, is placed in the wrong chapter, to wit: that entitled "Accounting and Settlement by Executors and Administrators." It is, therefore, repealed, and a new section, 1527, containing exactly the same provisions as the old section 1639, is inserted in the proper chapter, to wit: that concerning "Sales of Personal Property."-Code Commissioner's Note. ARTICLE III. SUMMARY SALES OF MINES AND MINING INTERESTS. Mines may be sold, how. § 1529. § 1530. § 1531. Petition for sale, who may file and what to contain. § 1532. 1533. Further proceedings to conform to articles two and four. § 1529. Mines may be sold, how. When it appears from the inventory of the estate of any decedent that his estate consists in whole or in part of mines, or interests in mines, such mines or interests may be sold under the order of the court having jurisdiction of the estate, as hereinafter provided. En. March 11, 1872. Am'd. 1880, 93. Cal. Rep. Cit. 83, 349; 112, 178; 116, 581. § 1530. Petition for sale, who may file and what to contain. The executor or administrator, or any heir at law, or creditor of the estate, or any partner or member of any mining company, in which interests or shares are held or owned by the estate, may file in the court a petition, in writing, setting forth the general facts of the estate being then in due course of administration, and particularly describing the mine, interest, or shares which it is desired to sell, and particularly the condition and situation of the mines or mining interests, or of the mining company in which such interests or shares are held, and the grounds upon which the sale is asked to be made. En. March 11, 1872. Am'd. 1880, 93. Cal. Rep. Cit. 55, 314; 83, 349; 138, 302. Petition for sale, generally: Ante, sec. 1518. § 1531. Order to show cause, how made and on what notice. Upon the presentation of such petition, the court, or a judge thereof, must make an order directing all persons interested to appear before such court, at a time and place specified, not less than four or more than ten weeks from the time of making such order, to show cause why an order should not be granted to the executor or admintstrator to sell such mine, mining interests, shares, or stocks, as are set forth in the petition and belonging to the estate. A copy of the order to show cause must be personally served on all persons interested in the estate, at least ten days before the time appointed for hearing the petition, or published at least four successive weeks in such newspaper as such court or judge shall specify. If all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with. En. March 11, 1872. Am'd. 1880, 94. Publication of notice: Post, sec. 1705. § 1532. Order of sale, when and how made. If, upon hearing the petition, it appears to the satisfaction of the court that it is to the interest of the estate that such min ing property or interests of the estate should be sold, or that an immediate sale is necessary in order to secure the just rights or interests of the mining partners, or tenants in common, such court must make an order authorizing the executor or administrator to sell such mining interests, mines, or shares, as hereinafter provided. En. March 11, 1872. Am'd. 1880, 94. § 1533. Further proceedings to conform to articles two and four. After the order of sale is made, all further proceedings for the sale of such mining property, and for the notice, report, and confirmation thereof, must be in conformity with the provisions of article four of this chapter. En. March 11, 1872. Cal. Rep. Cit. 83, 349; 112, 178. ARTICLE IV. THE SALE OF REAL ESTATE, INTERESTS THEREIN, AND CONFIRMATION THEREOF. § 1536. When executor or administrator may sell property. 1537. Verified petition for sale, what to contain. 1538. Order to persons interested to appear. 1539. Copy to be served, assent given, or publication made. 1540. Hearing after proof of service. Presentation of claims. 1541. Administrator, executor, and witnesses may be examined. 1542. To sell real estate or any part, when. 1544. What the order of sale must contain. May be at public or private sale. § 1645. Interested persons may apply for order of sale. Form of petition. § 1546. To deliver copy of order to executor. (Repealed.) § 1547. 1548. § 1549. Notice of sale. Time and place. Private sale of real estate, how made, and notice. Bids, when and how received. § 1550. Ninety per cent of appraised value must be offered. 1551. Purchase money on sale on credit, how secured. 1552. Return of proceedings and hearing. Setting aside sale. Re sale. § 1553. May file objections, when and who. 1554. When order of confirmation is to be made and when not. 1555. Conveyances. 1556. Order of confirmation, what to state. 1557. Sale may be postponed. 1558. Notice of postponement. 1559. Sale of real estate to pay legacies. (Repealed.) 1560. Where payment of debts, etc., provided for by will. 1561. Sale without order. 1562. Where provision by will insufficient. 1563. Estate subject to debts, etc. § 1564. Contribution among legatees. 1565. Contract for purchase of lands may be sold, how. 1566. 1567. § 1568. 1569. § 1570. § 1571. § 1572. Conditions of sale. Purchaser to give bond. Executor to assign contract. Sales by executors or administrators of lands under mortgage The holder of the mortgage or lien may purchase the lands. 1573. Limitation of actions for vacating sale, etc. 1575. 1576. Executor, etc., not to be purchaser. § 1536. When executor or administrator may sell property. When a sale of property of the estate is necessary to pay the allowance of the family, or the debts outstanding against the decedent, or the debts, expenses, or charges of administration or legacies; or when it appears to the satisfaction of the court that it is for the advantage, benefit, and best interests of the estate, and those interested therein that the real estate, or some part thereof, be sold, the executor or administrator may sell any real as well as personal property of the estate upon the order of the court; and an application for the sale of real property may also embrace the sale of personal property. En. March. 11, 1872. Am'd. 1873-4, 369; 1880, 94; 1893, 212. Cal. Rep. Cit. 57, 459; 83, 349; 87, 482; 88, 584; 88, 588; 112, 178; 120, 92; 129, 87; 131, 670; 142, 379; 144, 668. Prob. Act, sec. 154. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 640. Cal. Rep. Cit. 13, 576; 16, 500; 20, 124; 20, 813; 22, 275; 36, 690; 48, 193; 50, 406; 55, 582; 139, 19. Sale of realty, authorized: Ante, sec. 1516; interest under contracts may be included: Post, sec. 1565; additional bond on: Ante, sec. 1389. § 1537. Verified petition for sale, what to contain. To obtain such order for the sale of real property, he must present a verified petition to the superior court, or a judge thereof, setting forth the amount of the personal estate that has come to his hands and how much thereof, if any, remains undisposed of; the debts outstanding against the decedent, as far as can be ascertained or estimated; the amount due upon the family allowance or that will be due after the same has been in force for one year; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during the administration; a general description of all the real property of which the decedent died seised, or in which he had any interest, or in which the estate has acquired any interest, and the condition and value thereof, and whether the same be community or separate property; the names of the legatees and devisees, if any, and the heirs of the deceased, so far as known to the petitioner; and if said order for sale of real estate is petitioned for on the ground that it is for the advantage, benefit, and best interests of the estate and those interested therein that a sale be made, the petition, in addition to the foregoing facts, must set forth in what way an advantage or benefit would accrue to the estate and those interested therein by such sale. If any of the matters herein enumerated cannot be ascer |