Legal Opinion

In re the Estate of Kessinger

Court of Appeals of North Carolina

Decided June 6, 1989No. 881SC927Published

1Opinion of the Court

ARNOLD, Judge.

Executrix contends that the superior court erred in confirming the private sale to Carolista Fletcher, and that it failed to properly exercise its discretion by not considering the Jones bid. We disagree.

By the terms of the “Report of Private Sale,” the sale to Fletcher was not to be final “until the expiration of the time period for upset bids and a deed [is] recorded on the date of confirmation of this sale.” The time period for upset bids expired on 29 January 1988. Essentially, executrix contends that although the period for upset bids had expired it was still in the…

2Cases cited5 opinions

  1. Harrell v. Blythe.Supreme Court of North Carolina · 1906
  2. Page v. MillerSupreme Court of North Carolina · 1960
  3. Matter of GreenCourt of Appeals of North Carolina · 1975
  4. Wadsworth v. WadsworthSupreme Court of North Carolina · 1963
  5. Copping v. Hillsboro Clay Manufacturing Co.Supreme Court of North Carolina · 1910

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