In Re Estate of Reed

This is an appeal from an order refusing to confirm a sale of real estate at which the appellant was purchaser. The sale was made under a power in the will of respondent’s testatrix, authorizing the executor to sell and convey the property, real and personal, of the estate “upon such terms and conditions and for such prices as to him shall seem good.”

The objections to the order urged by the appellant are: (1) That the sale was fair; (2) That the price was not disproportionate to the value of the property sold at the time of the sale; (3) That to justify the order proof of two conditions were essential, namely, that the price was insufficient at the'time of the sale, and that a sum exceeding such bid at least ten per cent exclusive, etc., could be obtained; and (4) that the court had no power to direct a new sale. Of these points, the first is sustained by the recitals of the order, and may be admitted. As to the second, the preponderating evidence was no doubt in favor of appellant’s contention; but there was some evidence to the contrary, which it appears from the statements of the court was regarded by it as sufficient to reject the sale. As to the fourth, it is a matter with…