CHAPTER VII. Sales and Conveyances of Property of Decedents. Article I. Sales in General. Section II. Sales of Personal Property. III. Summary Sales of Mines and Mining Interests. IV. The Sale of Real Estate, Interests Therein, and Confirmation Thereof. V. Mortgages and Leases of Real Estate in Certain Cases. ARTICLE I. Sales in General. Section 1516. Estate chargeable with debts. 1517. Confirmation of sales by superior court. No priority. 1516. All of the property of a decedent shall be chargeable with the payment of the debts of the deceased, the expenses of administration, and the allowance to the family, except as otherwise provided in this code and in the Civil Code. And the said property, personal and real, may be sold in the manner prescribed in this chapter. There shall be no priority as between personal and real property for the above purposes.-1919-1177. 1517. All sales of property must be under oath, reported to and confirmed by the court, before the title to the property passes. Section ARTICLE II. Sales of Personal Property. Section -1921-209. 1522. Perishable and depreciating 1525. Order of sales; what to be property to be sold. 1523. Sale of personal property by executor or administrator. 1524. Partnership interests and choses in action, how sold. first sold. 1526. Sale at public auction or private sale. 1528. Executor and guardian may borrow on chattel mortgage. 1522. At any time after receiving letters, the executor, administrator, or special administrator may sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to pay the allowance made to the family of the decedent. The executor, administrator, or special administrator is responsible for the property, unless after making a sworn return, and on a proper showing, the court shall approve the sale.-1919-1178. 1523. If claims against the estate have been allowed, and a sale of property is necessary for their payment, or for the expenses of administration, or for the payment of legacies, the executor or administrator may sell all or so much of the personal property as may be necessary therefor. He may also make a sale from time to time, so long as any personal property remains in his hands, and sale thereof is necessary. If it appear for the best interest of the estate, he may, at any time after filing the inventory, in like manner sell the whole or any part of the personal property belonging to the estate, whether necessary to pay debts or not. Such sale to take effect only upon confirmation by the court.-1921-193. 1524. Partnership interests or interests belonging to any estate by virtue of any partnership formerly existing, interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of any partnership interest, whether made to the surviving partner or to any other person, the court or judge must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the county and able to be present in court. 1525. In making orders and sales for the payment of debts or family allowance, such articles as are not necessary for the support and subsistence of the family of the decedent, or are not specially bequeathed, must be first sold.-1919-1178. 1526. The sale of personal property may be made at public auction or private sale, for cash, 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 in the county, or both, as the executor or administrator may determine, containing the time and place of sale, and a brief description of the property to be sold, the property to be sold be perishable property, in which latter case at least one day's notice by posting as aforesaid shall be given. Public sales must be made at the courthouse door, or at some other public place, or at the residence of the decedent; but no sale shall be made of any personal property which is not present at the time of sale, unless the court shall otherwise order.-1921-209. 1528. Whenever in any estate now being administered or that may hereafter be administered or in any guardianship proceeding now pending or that may hereafter be pending it shall appear to the superior court, or to a judge thereof, to be for the advantage of the estate to borrow and raise money upon a note or notes, to be secured by chattel mortgage or other lien upon the personal property of any decedent or of a minor or an incompetent person, or any part thereof, for the purpose of paying the debts of such decedent or such minor or incompetent person, the court or judge as often as occasion therefor shall arise in the administration of any estate or in the course of any guardianship may authorize, empower and direct the executors or administrators or guardian of such minor or incompetent person to mortgage such personal property, or any part thereof, or to give other security by way of pledge or other lien upon such personal property, or any part thereof, and to execute a note or notes, to be secured by such mortgage, pledge or lien; provided, that in order to obtain such authorization the same proceedings shall be had and taken as are set forth in section one thousand five hundred seventy-eight of the Code of Civil Procedure and which are required thereby to obtain an order to mortgage real property of the estate, and upon such proceedings being had the court shall have power to authorize the executor or administrator or guardian of such minor or incompetent person to borrow and raise money and to execute a note or notes and mortgage or pledge or other lien upon the personal property of the estate of such decedent or minor or incompetent person in the same manner and to the same extent and with the same effect as is provided in section one thousand five hundred seventy-eight of the Code of Civil Procedure with reference to mortgages of real property. 1529. 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.-1880-93. 1530. 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.-1880-93. 1531. 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 administrator 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; provided, however, that when it appears from the inventory and appraisement that the value of the whole estate does not exceed the sum of two hundred and fifty dollars, the court or a judge thereof, may at his discretion order in lieu of publication that notices of the hearing thereof be posted in at least three public places in the county. If all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with. -1915-858. 1532. If, upon hearing the petition, it appears to the satisfaction of the court that it is to the interest of the estate that such mining 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 mus make an order authorizing the executor or administrator to sell such mining interests, mines, or shares, as hereinafter provided. -1880-94. 1533. 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. ARTICLE IV. The Sale of Real Estate, Interests Therein, and Confirmation Thereof. Section Section insufficient. 1536. When executor or adminis- 1561. Sale without order. trator may sell property. 1562. Where provision by will 1541. Administrator, executor, and witnesses may be examined. 1545. Interested persons may apply for order of sale. 1547. Posting of public auction sale notice. 1548. Time and place. 1550. Appraisement. tice of hearing of return. new one. 1553. May file objections, when and who. 1563. Estate subject to debts, etc. 1564. Contribution among lega tees. 1565. Sale of contracts for pur- 1566. Conditions of sale. Claim filed not affected by 1571. Administrator and executor liable for misconduct in sale. 1572. Fraudulent sales. 1536. 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 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.-1919-1179. 1541. The executor, administrator, and witnesses may be examined on oath by either party, and process to compel them to attend and testify may be issued by the court or judge, in the same manner and with like effect as in other cases.-1880-95. 1545. If the executor or administrator neglects or refuses to sell the property of the estate when it is necessary or when it is for the advantage, benefit and best interests of the estate and those interested therein, that the real estate or some portion thereof be sold, any person interested may make application to the court, that the executor or administrator be required to sell, and notice of such application must be given to the executor or administrator before the hearing.-1919-1179. 1547. When a sale is to be made at public auction, notice of the time and place of sale must be posted in three of the most public places in the county in which the land is situated, and published in a newspaper, if there be one printed in the same county, but if none, then in such paper as the court may direct, for two weeks successively next before the sale; provided, however, that when it appears from the inventory and appraisement that the value of the whole estate does not exceed five hundred dollars the court, or a judge thereof, may in his discretion dispense with the publication in a newspaper and order notices to be posted. The lands and tenements to be sold must be described with common certainty in the notice.-1919-1179. 1548. Sales at public auction must be made in the county where the land is situated; but when the land is situated in two or more counties, it may be sold in either. The sale must be made between the hours of nine o'clock in the morning and the setting of the sun on the same day, and must be made on the day named in the notice of sale, unless the same is postponed. 1549. When a sale of real estate is to be made at private sale, notice of the same must be posted up in three of the most public places in the county in which the land is situate, and published in a newspaper, if there be one printed in the same county; if none, then in such paper as the court or judge may direct, for two weeks successively next before the day on or after which the sale is to be made, in which the lands and tenements to be sold must be described with common certainty. The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice; and the sale must not be made before that day, but must be made within six months thereafter. The bids or offers must be in writing and may be left at the place designated in the notice, or delivered to the executor or administrator personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interests of the estate the court or judge may, by an order, shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen but not less than eight days from the first publication of the notice in which case the notice of sale and the sale may be made to correspond with such order; provided, however, that when it appears from the inventory and appraisement that the value of the whole estate does not exceed five hundred dollars the court, or a judge thereof, may in his discretion dispense with the publication in a newspaper and order notices be posted. The lands and tenements to be sold must be described with common certainty in the notice. 1919-1179. 1550. No sale of real estate at private sale shall be confirmed by |