Estate of Naftzger

This appeal presents the question of whether on the hearing of a petition to confirm a sale of real property of a decedent’s estate the probate court is authorized by section 785 of the Probate Code (hereinafter quoted) to confirm a sale to a new bidder for a price which is “ten per cent more in amount than that named in the return [petition] ” but is not 10 per cent more than such amount plus expenses of sale. We have concluded that such increased price may properly be accepted and the sale to the new bidder forthwith confirmed.

Eespondent Fred E. Naftzger, as the duly appointed and qualified…