In re Estate of Jack

Citations

• 115 Cal. 203
• 46 P. 1057
• 1896 Cal. LEXIS 993

Syllabus

<p>Guardianship—Estate of Minor—Sale of Realty—Disproportionate Value—Order fob New Sale—Discretion—Appeal—Review of Evidence.—The sale of the real property of a minor by his guardian is governed by the same rules which govern sales of the real property of deceased persons; and when the court is satisfied from the evidence as to the value of the property, that the amount bid by the purchaser, including an iilcreased bid in court, is disproportionate to the value of the property, the court has discretion to refuse to confirm the sale, and to set it aside and order a new sale; and its conclusion from the evidence as to the facts cannot be disturbed upon appeal, upon the ground that the testimony in support thereof is incredible.</p> <p>Id.—Ascertainment of Value—Cross-examination of Witnesses—Basis of Estimate.—In ascertaining the real value of the land sold, it is proper for the court to be informed upon what ground the estimates of value made by the witnesses are based, and it may permit cross-examination of real estate agents who have given low estimates of value, to show that their estimates were based upon a forced sale.</p>