Estate of Shorr

122 Cal.App.3d 775 (1981) 176 Cal. Rptr. 158 Estate of DAVID L. SHORR, Deceased.

ROBERT D. BANNON, as Administrator With the Will Annexed, etc., Petitioner and Appellant,

v.

MON HAR ENTERPRISES, Objector and Respondent.

Docket No. 59649. Court of Appeals of California, Second District, Division Four.

August 19, 1981. [776] COUNSEL

William E. Johnston, Lascher & Lascher, Lascher & Wilner and Wendy Cole Lascher for Petitioner and Appellant.

Marvin Gelfand and Barbara J. Bailey for Objector and Respondent.

OPINION

FILES, P.J.

This is an appeal by the administrator of the estate of Shorr from an order made by the probate court on February 6, 1980, denying the administrator's petition for a direction to withdraw from a sale of real property.

[777] The material facts are not in dispute. On December 14, 1977, the probate court confirmed a sale of real property by the Shorr estate to Mon Har Enterprises (hereafter buyer). The decedent's widow appealed from that order, which was affirmed by Division Two of this court in an unpublished opinion filed October 17, 1979 (Estate of Shorr, 2 Civ. 55043). The remittitur was issued December 17, 1979.

On December 28, 1979, the administrator petitioned the probate court for an order directing him to withdraw from the sale and vacating the order confirming the sale, upon the ground that, due to the lapse of time, the terms of the sale were no longer fair and reasonable to the estate. The petition declared: "The income produced by the building is now substantially more than it was at the time of sale, and expenses of managing the building are now less, due primarily to a reduction in real property taxes."