Fisher v. Pair

1. Where no authority for a private sale of realty is conferred by the will, the executor thereunder is without power to enter into a contract for such sale of the property of the testator's estate. Such a contract is violative of public policy, and is unenforceable.

2. Under the law and the evidence the defendant, who was sued individually and as executor of the will of his deceased father for a real-estate broker's commission, was without authority to sell at private sale, in his representative capacity, the realty of the estate involved; and the contract relied upon was unenforceable…