Silbert

*693 Opinion

Appellant Gil Seton appeals from a probate court order confirming a sale of real and personal property. The executor of the estate of Levinthal had filed a petition seeking confirmation of a private sale by the estate to purchasers secured by respondent brokers. The purchase price under the agreement with the executor was $430,000. The petition sought approval for the estate to pay a commission of 5 percent to the respondent brokers as provided in the contract with the executor.

At the hearing for confirmation of the sale, Seton appeared, stated to the court that he was a broker and that he was making an overbid in the amount of $452,000 on behalf of a corporation, Gil Seton, Inc. There being no other overbids, the court confirmed the sale of the subject property to the corporation, Gil Seton, Inc. The trial court’s order from which the appeal is taken confirmed the sale to the corporation purchaser and provided for a commission of 5 percent of the private sale price, payable to respondent brokers. The order provided for no commission to be paid to Seton.

Seton contends that, under Probate Code section 785, the trial court had no discretion to deny him a reasonable…