Singer v. Cradick

DRAPEAU, J.

The executor of this estate received a bid of $79,500 for the property from Mr. and Mrs. Harry Gershan. He presented this bid to the probate court for confirmation. On the hearing which followed, Joseph P. Singer bid in open court $83,975 for the property, and it was sold and confirmed to him.

While in court, Mr. Singer signed a formal written bid, and deposited with the executor $8,500 to bind the bargain. Executor’s deed was to follow upon payment of the balance of the purchase price. For the purpose of completing the transaction, Mr. Singer caused an escrow to be set up in a bank.

But he failed to pay the money due. And he petitioned the probate court to set aside the sale on the ground of fraud; also on the ground that the Gershans, without his knowledge had withdrawn their offer before the sale to him; and, therefore, the court was without jurisdiction to proceed.

The probate court vacated the order confirming the sale, and in the same order, directed that Mr. Singer was not entitled to return of the $8,500. The court made another and additional order, based upon Mr. Singer’s petition, that he was not entitled to repayment of the $8,500.

Mr. Singer appeals from both of these orders.

In the same estate an order by the probate court directing the return of the deposit of Mr. and Mrs. Gershan was affirmed by this court.

(Estate of Mesner,

95 Cal.App.2d 265 [212 P.2d 267].)

Clerk’s and reporter’s transcripts and appellant’s opening

[321]

brief are on file. Respondent moves to dismiss both appeals upon the ground that the orders are not appealable. In support of his proposition he cites: Probate Code, section 1240;

Estate of O’Dea,

15 Cal.2d 637 [104 P.2d 368];

Estate of Grussing,

15 Cal.App.2d 11 [59 P.2d 152] ;