Blank v. Frey

Bond, C. J., delivered the opinion of the Court. The purchaser at an administrator’s private sale of a store property appeals from an order of the orphans’ court sustaining exceptions by next of kin of the decedent, and ordering a resale. The question is one of sufficiency of the sale made, in the light of offers of larger prices subsequently received, and in view of a lack of advertising for the sale in newspapers or by other printed matter. No misconduct or failure of duty, except with relation to the advertising, is charged against the administrator.

The decedent, Elizabeth A. Schnapp, of Ellicott City, had owned a leasehold store property on Main Street in the town, and it was, at the time of her death, let for a term of years to the appellant, Abraham Blank, who conducted his business in the store. The term of his lease had three more years to run. The decedent’s holding was subject to an annual ground rent of $39.15. It was appraised for the purpose of administration at $5,800.

It being necessary to sell it to pay debts 'of the decedent, and to distribute the remaining proceeds among the next of kin, the administrator, who was himself one of the next of kin, procured from the court on May 9th, 1933, one month after the death of the decedent, an order to sell at public or private sale for not less than the appraised value. The order contained no requirements of advertising, for private sale. On the same day, the administrator filed in the court a report, in the form of a petition for ratification, stating that after obtaining expert appraisals, he had agreed to sell to Blank, the tenant, at $6,000; and the court passed an order for ratification of the sale unless cause to the contrary should be shown. Exceptions were ⁶⁴⁹ duly filed by several persons among the next of kin, and a signed statement to show objections by others, this including most of the next of kin, was offered at a hearing* on the exceptions.

The exceptants reported in their exceptions that since the sale an offer had been made by Abraham Isaacs and wife to buy at $6,500. Later Simon Scherr, a merchant of the same place, filed in court an offer to buy at $6,100. Testimony taken showed that there had been no printed advertising, but on behalf of the purchaser it was testified that, even before the death of the decedent, efforts to sell had been made by her committee — she being incompetent— and had failed to bring as much as $6,000; that immediately after the appointment of the administrator he, knowing that sale would be necessary, had begun to canvas possible purchasers ; and that diligent efforts had failed to bring to light any possibility of sale above $6,000 except that Simon Scherr, who now offers $6,100, had made an offer of $6,250, but expressed unwillingness to adhere to that offer when he learned that the property was to be sold subject to the ground rent. There was testimony also that the intention to sell was a matter of common knowledge in Ellicott City, which is a town of small population.

The bidders now