Estate of Sampo

Gray, Cary, Ames & Frye and Brian L. Forbes for Objectors and Appellants.

Seltzer, Caplan, Wilkins & McMahon, Floyd Wilkins, Jr., and James B. Franklin for Petitioners and Respondents.

OPINION

BRAINARD, J. [*] —

Minutes after making a successful oral overbid for a parcel of real property at an in-court estate sale pursuant to Probate Code [1] section 785, the appellants (buyers) refused to memorialize the sale on a written form, claiming a mistake had occurred. Nevertheless, the court confirmed the sale. Appellants appeal the original order of confirmation. [2]

The executors of the estate of Anthony Eugene Sampo (Estate) decided to sell its undivided one-half interest in unimproved real property to the Appeal Development Corporation (Appel) for the sum of $226,500 ($453,000 for the total parcel) in cash, subject to confirmation by the court under section 785 which, in part, instructs the court: "... If more than one written offer ... is made to the court by responsible persons, and if any such increased bid complies with all the provisions of the law, the court shall accept such highest increased bid, ...."

During the confirmation hearing on May 23, 1984, the court read the…