Hamilton v. Mayer

JONES, Justice.

This appeal presents a single issue: When there is insufficient personal property for the payment of the debts of an estate, does the executor have the sole and exclusive right to sell the real estate for the payment of the debts? Or, stated in the context of appellant’s contention, does a complaint for “Sale of Real Estate and Division of Proceeds,” filed in circuit court by a devisee who. is not the executor under the will, take priority, because of an earlier filing, over a “Petition for Sale of Personal and Real Estate for Payment of Debts and Division,” alleging…