Abila v. Burnett
33 Cal. 658 ·
Supreme Court of California
Published · citable
Holding
The court held that a probate court may order the sale of real estate to pay an executor's expenses without first requiring a formal settlement and allowance of the executor's account, but such an order is premature if it fails to account for all available personal property of the estate, including assets that may have passed to a co-executor, before resorting to the realty.