Under the former procedure, before a decree directing a
disposition of real property could be made, it was neces-{
sary, among other things, to establish

" 5. That all the personal property of the decedent, which
could have been applied to the payment of the decedent's
debts and funeral expenses, has been so applied; or that the
executor or administrators have proceeded with reasonable
diligence in converting the personal property into money,
and applying it to the payment of those debts and funeral
expenses; and that it is insufficient for the payment of the
same, as established by the decree." (Former § 2759 sub. 5.)

It was therefore held that " if the decedent at the time
of his death left sufficient personal property which could
have been applied to the payment of his debts and funeral
expenses, in the exercise of reasonable diligence on the part
of his executors or administrators, then resort cannot he
had to the statutes for the sale of his real estate for the pay-
ment of his debts. In that event the personal property is
the fund for the payment of his debts, and the creditors
must resort to that through the executors or administrators.
