Estate of Naftzger

This appeal presents the question of whether on the hearing of a petition to confirm a sale of real property of a decedent’s estate the probate court is authorized by section 785 of the Probate Code (hereinafter quoted) to confirm a sale to a new bidder for a price which is “ten per cent more in amount than that named in the return [petition] ” but is not 10 per cent more than such amount plus expenses of sale. We have concluded that such increased price may properly be accepted and the sale to the new bidder forthwith confirmed.

Eespondent Fred E. Naftzger, as the duly appointed and qualified executor of the last will and testament of Louise E. Naftzger, deceased, and pursuant to authority granted by such will, sold to contestants-appellants, at private sale, for the sum of $11,500 cash, certain real property of the estate. A petition for confirmation of the sale, reciting that “No broker’s commission is payable on said sale,” was duly filed with the superior court, sitting in probate, and at the hearing upon such petition respondent Beth M. Preninger (to whom the designation “respondent” will hereinafter refer) made a written hid in open court for the property. The bid offered…