Oklahoma § 58-419 - Order, terms and method of the sale

§ 58-419. Order, terms and method of the sale

The order of sale must describe the lands to be sold and the

terms of sale, which may be for cash or may be for one-fourth (1/4)

cash and the balance on a credit not exceeding two (2) years,

payable in gross or installments within that time, with interest, as

the court may direct. The land may be sold in one parcel or in

subdivisions, as the executor or administrator shall judge most

beneficial to the estate, unless the court otherwise specially

directs. If it appears that any part of such real estate has been

devised and not charged in such devise with the payment of debts or

legacies, the court must order the remainder to be sold before that

so devised. Every such sale must be ordered to be made at a public

auction, unless, in the opinion of the court, it would benefit the

estate to sell the whole or some part of such real estate at private

sale; the court may, if the same is asked for in the petition, order

or direct such real estate, or any part thereof, to be sold either

at public or private sale, as the executor or administrator shall

judge to be most beneficial to the estate. If the executor or

administrator neglects or refuses to make a sale under the order as

directed therein, he may be compelled to sell, by order of the

court, made on motion, after due notice, by any party interested.

R.L.1910, § 6379; Laws 1970, c. 120, § 1, eff. July 1, 1970.