Estate of Backesto

This is an appeal from an order setting aside a sale of real property in the above-entitled estate.

The sale was made by the administrator with the will annexed under the mandatory directions contained in the will of John P. Backesto, deceased, which provided that within one year after the death of his wife his property should be sold and the proceeds divided among certain heirs. Upon the happening of this event proceedings were instituted to carry out the testator’s direction. The sale of the property in question was made to appellant, John Engebretson, April 26, 1922, for the sum of sixty-four thousand dollars. A deposit of six thousand five hundred dollars was made with the bid, leaving a balance of fifty-seven thousand five hundred dollars to be paid upon the approval of the sale and delivery of a deed. Thereafter, on the twenty-eighth day of April, 1922, the administrator filed his return. Upon the day fixed for the hearing thereof it appeared that the sale was legally made and fairly conducted and the same was confirmed. Thereafter a controversy arose between the purchaser and the administrator over the question whether certain taxes should be paid by the administrator out…