Bailey Estate

Bolger, J.,

Two unsuccessful joint bidders for real estate have filed a petition to set aside an agreement of sale signed by the executor in which agreement Irwin Katz is the proposed purchaser. The petition alleges fraud and a higher offer of 10 percent. Respondents are the executor, the broker, Irwin Katz and his wife.

The executor has filed an answer in which he joins in the prayer of the petition and requests that the sale be restrained. The prospective purchaser under the existing agreement has filed preliminary objections in which his wife joins and avers that there is no jurisdiction…