Estate of Robinson

This is an appeal by Nickels & Brown Bros., a corporation, from an order confirming a sale of real and personal property to Buhman Bros., and comes here on a bill of exceptions. It is claimed by respondent that as the court made an order refusing to confirm a sale of the same property to appellant, and the time for appealing from said order has expired, therefore appellant is not a party aggrieved in this case, and cannot appeal, and that its appeal should be dismissed. It is not necessary to decide this question, as we have concluded that the order should be affirmed. The facts as shown by the record are substantially as follows: Deceased left a will, of which the respondents Kyser and Hottel were duly appointed executors. This will authorizes the executors to sell at public or private sale, with or without notice, any or all property of the estate, without an order of court authorizing the same. A few days prior to October 15, 1902, the executors made a parol agreement to sell the property to Buhman Bros, for twenty thousand dollars. After the oral agreement had been made and five hundred dollars deposited, the attorney for appellant informed the executors that appellant would…