Fletcher

Fletcher v. Roberts

Good Law
1990 Cal. App. LEXIS 1237·225 Cal. App. 3d 1017·275 Cal. Rptr. 575·90 Cal. Daily Op. Serv. 8732
Court of Appeal of CaliforniaNovember 28, 1990No. F013381California1,260 words

Opinion

Lead Opinion

Thaxter, J.

The estate of Hollis B. Roberts appeals from an order of the probate court compelling the conveyance of real property to respondent Wayne Fletcher and from a companion order denying the estate’s motion to confirm sale to a third party or, alternatively, vacate the sale to respondent. Respondent was high bidder for the property at an earlier confirmation hearing.

Appellant contends the order compelling conveyance is void because the probate court was without jurisdiction over the subject property. *1019 Alternatively, appellant argues that respondent’s overbid did not comply with statutory requirements and the probate court abused its discretion in confirming the sale. Respondent counters appellant’s arguments and further asserts that appellant lacks standing to appeal.

We will conclude that appellant has standing and that it was error for the probate court to conclude that the proffering of cashier’s checks at the confirmation of sale hearing complies with the statutory language of Probate Code 1 section 10311. Accordingly, we will reverse the order compelling conveyance and remand for further proceedings.

Summary of Facts and Proceedings Below

On June 15, 1989, the…

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