Estate of Lewy

Laurence E. Clark and Michael R. Augustine for Objectors and Respondents.

OPINION

STEPHENS, Acting P.J.

This is an appeal from a denial of appellant's motion to vacate an order confirming sale of real property in the estate of Bert M. Lewy, deceased.

After decedent's death on April 27, 1971, the Bank of America was appointed by court order to act as special administrator with general powers of the estate pending the hearing of a will contest between appellant Jere Earle Brown and another (Agnes Oldham). A partial inventory and appraisement of the estate were filed on October 26, 1971, showing the assets of the estate included cash in the amount of $111.60 and a parcel of real property, which is the subject of this action, appraised at $60,000.

On May 30, 1972, the will of decedent naming appellant Brown as executrix was admitted to probate, and objections to her appointment were overruled. On June 22, 1972, the formal order admitting the will to probate and naming appellant as executrix was signed and filed, and letters testamentary were issued to her on June 30, 1972.

On June 14, 1972 (just prior to appellant's appointment as executrix), Peter K. Kwong and Edna Y. Kwong,…