Estate of Neustadt

As suggested at the hearing, the only ground which the court deems it necessary to consider is: Whether the purchaser, who now seeks to be excused, was misled, inadvertently or otherwise, into making her bid. She *96 sets up in her opposition “that at the time of the delivery of said bid to said administrator she stated that by reason of the short time of said notice she had not time to examine the title to said property, and for that reason did not wish to be bound by the bid if the title thereto was not good, ’ ’ to which proposition she avers the administrator assented; the administrator joins issue upon this allegation.

If the bidder had been granted sufficient time, or if she had not been induced to make the bid by reason of the promise of the administrator that she would have ample time to examine title, she would not have made the offer, acting upon her attorney’s advice as to condition of title.

It is immaterial, in my judgment, to consider the soundness of this advice, unnecessary for me to adjudicate upon the attorney’s accuracy of judgment; enough to know the purchaser’s conduct would have been influenced thereby. Did the administrator mislead her? Not intentionally,…