In re Williams' Estate

This appeal is from an order denying and dismissing the petition of appellant for an order that the executor of the estate of Thomas H. Williams restore to him $11,000 purchase money paid for the interest of the testator in certain real estate in pursuance of an order of the court confirming the sale. The executor filed a report of a sale made by him under a power of sale contained in the will. Appellant’s agent and assignor thereupon filed in the probate court *789 an advanced bid. The matter was postponed for some time, but the sale was finally confirmed to appellant’s assignor, who thereupon paid $11,000—the amount of his bid—to the executor, who executed and delivered to him a deed in due form. By the will, the real estate had all been devised to the executor, in trust. After the advanced bid was filed, but before the confirmation of the sale to appellant’s assignor, the executor, in his capacity of trustee, conveyed the property to the first bidder, who, after appellant had paid his money and had received his deed from the executor, appealed from the order of confirmation to this court. This court held ( 92 Cal. 183 , 28 Pac. 227, 679 ) that under the circumstances the sale…

I concur in the judgment. The order from which this appeal is taken is not appealable.