Kardashian

Kardashian v. Akashi

Good Law
1963 Cal. App. LEXIS 2219·220 Cal. App. 2d 1·34 Cal. Rptr. 668
Court of Appeal of CaliforniaSeptember 6, 1963Civ. No. 27319California1,376 words

Opinion

Lead Opinion

Jefferson, J.

JThis is an appeal from an order refusing to confirm the sale of real property by the executrix of the above entitled estate.

Respondents entered into an agreement with the heirs of the estate, as evidenced by escrow instructions signed July 13, 1962, whereby respondents agreed to buy and the heirs agreed to sell certain real property in the estate for the sum of $8,000 cash, conveyance to be made, “at such time as the said estate probate is completed.” Subsequently, a notice of sale of the same real property was published by appellant (executrix), who is also one of the heirs. Offers were obtained, with a high bid of $13,000 being submitted on November 16, 1962, to the Los Angeles Superior Court for confirmation. Objections interposed by respondents were sustained by the court, and appellant’s petition for confirmation was denied. This appeal followed.

Appellant contends that respondents are not “persons interested” in the instant estate as required by Probate Code section 756, so as to have standing to object to confirmation *3 of the sale. The issue is whether or not one who has entered into a written contract with an heir to purchase real property in probate is a person…

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