Parkman v. Savage

GBIFFIN, P. J.

Petitioner Blanche May Parkman, in her petition for a writ of mandate against the Beal Estate Commissioner sought to set aside and annul an order of the commissioner suspending petitioner’s real estate broker’s license for a period of 60 days.

The trial court affirmed the decision of the Beal Estate Commissioner. Plaintiff appeals and contends that the evidence

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is not sufficient to support the finding that petitioner had violated Business and Professions Code, section 10176, sub-paragraph (i) [fraud and dishonest dealing], section 10177, subparagraph (f) [conducting herself in a manner which would have warranted the denial of her application for a real estate license], and Probate Code, section 583.

The commissioner and the trial court made a determination that petitioner was subject to disciplinary action for such violations.

Probate Code, section 583, provides: “No executor or administrator may purchase any property of the estate, or any claim against the estate, directly or indirectly, nor be interested in any such purchase....”

Facts

Juanita B. Aaronson died December 15, 1956, and on February 5, 1957, her husband, Sibley W. Aaronson, was the duly appointed executor of her will and he and his daughter, Noreen (Doreen) Beggs were the beneficiaries under the will. Petitioner, a licensed real estate broker, took a listing of the property in the estate from the executor at a price of $35,000 on August 4, 1957. The property remained in the estate, unsold, until February 12, 1959. During the probate of the estate, Sibley was remarried to one Florence Munson Aaron-son who had a daughter named Janet McNeill. In order to effect a sale of the property, it was agreed that Sibley's new wife Florence would put up her money to buy the real property from the estate, take it in the name of her daughter Janet, who would in turn deed it to Sibley and Florence Aaronson. On May 6, 1959, an offer by Janet to purchase the property for $20,000, $2,000 down, was prepared by petitioner as a real estate broker and this bid was submitted to Sibley as executor, through his attorney, to purchase the property at its inheritance tax appraised value of $20,000. Janet's offer was submitted to the court and the sale was confirmed, without disclosing to the court the facts pertaining to the transaction, with Sibley as executor and seller and Janet as purchaser. Florence deposited the downpayment and she was arranging to finance the balance due through institutional financing. The lending institution required that Florence’s husband Sibley join in the signing of the loan papers. Florence had the title vest in her name, with Sibley as joint tenant. On August 24, 1959, Janet deeded the property to Florence and Sibley, as joint tenants, without consideration. Petitioner, on