A-Mark Coin Co., Inc. v. Redfield's Estate

I must respectfully dissent.

The majority concludes a probate court has absolute power to set aside any estate sale sua sponte so long as the court’s judgment is in the “best interests” of the estate, such analysis fails to note a significant jurisdictional problem posed by our statutory scheme, and ignores established principles dealing with standing to interfere with estate actions.

In October, 1975, the executrices filed at “Petition for Instructions Regarding Sale of Personal Property,” seeking to sell a unique collection of 407,596 silver dollars. They sought instructions because one of…