Estate of Smith

This is an appeal from an order directing the payment out of the funds of the estate of a commission to a real estate broker engaged by a commissioner on partition of real and personal property of the estate. A sale for the purpose of partition was ordered by the court in due form and, acting under a special order of the court, the commissioner engaged the real estate broker to find a purchaser for the property. Through the aid of this broker the commissioner offered for confirmation a sale of the property for seventy thousand dollars, but at the time of the hearing certain heirs of the estate procured a bid of seventy-seven thousand dollars and this offer was confirmed by the court. The matter of the payment of the broker’s commission was continued for hearing to a day subsequent to the order of confirmation and in a special order, made September 24, 1921, the court directed the payment of three thousand five hundred dollars to the broker. It is from this order that the appeal is taken.

Respondent insists that the order is not appealable. The question seems to have been settled by the order of the supreme court in denying a rehearing in Estate of Seng, 52 Cal. App. 149, 152 […