Estate of McFarland v. Holt
Estate of McFarland v. Holt
Opinion of the Court
Sarah Jane McFarland, executrix and beneficiary under the will of her deceased husband Clarence Henry McFarland, moved to set aside an order of the District Court confirming a sale of real property. From a denial of that motion she appeals.
The case presents a double anomaly a bit difficult to reconcile with reason: (1) The order appellant seeks to nullify was entered pursuant to her own petition to confirm a sale of property; and (2) the sale it confirms was for more money than the sale she proposed, and she is the sole beneficiary under the will.
Included in the estate of appellant’s husband, who died in January 1963, was an undivided three-fourths interest in Lots 13, 14 and 15 in Block 3, Atwood Addition to Murray, Salt Lake County. The other one-fourth interest was owned by Leslie W. Davis and his wife. In May 1964, during the course of probate, the appellant executrix and the Davises entered into an agreement to sell the property to William C. Roderick for $3500, which would give the estate $2625 for its three-fourths interest.
The agreement for sale was made subject to confirmation by the Probate Court as required by Sec. 75-10-2, U.C.A.1953.
The basis of the appellant’s attack upon the trial court’s ruling is that her own petition filed to confirm the sale of this property was insufficient. There is no question but that the court had jurisdiction of the subject matter and of the parties; nor that proper notice was given. That being so, minor deficiencies or irregularities would not invalidate the proceedings, and in the absence of timely objection they are deemed waived.
Affirmed. Costs to defendants (respondents).
. “All sales must be reported under oath to, and confirmed by, the court before the title to the property sold passes, except as hereinafter otherwise provided.”
. § 75-10-15, Vacation and resale for better price. “ * * * if it appears that a sum exceeding sucli bid by at least ten per cent, exclusive of the expenses of a new sale, may be obtained, the court may vacate the sale and direct another to be had. * * * ”
. Rule 73(a) U.R.C.P.; That the Rules of Civil Procedure apply in probate proceedings, see § 75-1-6, U.C.A.1953.
. Rulo 61, U.R.C.P.; Startin v. Madsen, 120 Utah 631, 237 P.2d 834.
.Cf. statement in Orderville Irrigation Co. v. Glendale Irrigation Co., 17 Utah 2d 282, 409 P.2d 616; and see authorities therein cited.
Reference
- Full Case Name
- ESTATE of Clarence Henry McFARLAND v. Gordon C. HOLT and Sterling G. Webber, Impleaded
- Status
- Published