Estate of Lynch

is an appeal from an order confirming the sale of certain real property in the above-entitled estate.

The facts are substantially without conflict. It appears therefrom that the First Federal Trust Company, executor of the will of Jeremiah Lynch, advertised a sale of certain real property under the provisions of section 1549 of the Code of Civil Procedure. The notice stated that the executor would sell at private sale on or after Monday, the ninth day of October, 1922, at 10 o’clock A. M. of said day, to the highest bidder therefor, upon the terms and conditions mentioned. One of the terms provided that all bids or offers should be in writing. In response to this notice four bids were received by the executor, and subsequently at the time stated in the notice the representatives of such bidders were present in the office of the executor when the bids were opened. The executor announced that the highest bid received was $131,550, and then asked if there was anyone who wished to raise the amount. Thereupon one of the bidders made an oral offer in a higher sum. Other bids followed, the appellant herein raising his own offer twice, until finally one Louis Levin made a bid of…