Estate of Scott

The appeal is from an order confirming a sale of real estate. The property was sold for $866.52. Objections were made to the confirmation on the grounds, first, that the return showed on its face that the price was less than ninety per cent of its appraised value, and, secondly, that the price obtained was disproportionate to the value of the property.

The objections that the price was less than ninety per cent of the appraised value is disposed of by the fact that an appraisement made within a year prior to the sale showed that the property was worth only $750, whereas the sale was made for $866.52.

The question whether or not the property is sold for a price disproportionate to its value is one which is always within the sound discretion of the court. It must consider all the facts of the case, including the value and condition of the estate, the necessity for funds, the state of the market, and all other matters bearing on the question. The only evidence relied on to overthrow the finding of the court on the subject is the testimony of a witness who lived in the vicinity that in his opinion the property was worth thirteen hundred dollars, some $433 more than the price…