Reilly v. Carpenter

TAYLOR, Presiding Judge.

Appellant, Robert V. Reilly, seeks review of the trial court’s order confirming the private sale, to Bonham Walker and David McGee, of real property owned by the estate of Earnest Rozell (Decedent), and denying Reilly’s motion to vacate the confirmation order. Because we find the trial court abused its discretion by denying Reilly’s motion after he made a competitive offer to purchase the property, we reverse.

The record reflects that in October 1988 the trial court issued letters testamentary to Decedent’s daughter, Cynthia Tegge, pursuant to the terms of Decedent’s…