We cannot presume that the sale was to pay debts. The trouble with the plaintiff's case is, however, that the sale authorized is at the discretion of the named donee of the power to make or not, and the sale is not for an administrative purpose.Whether it would have any effect upon the purchaser has not been considered, and is not here determined. It is not contended here that the order of confirmation will conclude the purchaser as a judgment to which he was a party. The purchaser might also have appealed from the order of the probate court confirming the sale, but did not. That remedy is not exclusive, and in some possible case might not be adequate. The property might have been resold and the present purchaser held responsible if, on a second sale, enough was not realized to pay costs and the amount of the present bid. I do not doubt that a suit of this character may be maintained, although our probate law provides a special remedy in such cases.The power vested in the executor by the will passed to the administrator with the will annexed. Withington Carter, and Hahn, Belden Hawley, for Appellant.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |