Cole v. Lafontaine

The appellee instituted this proceeding as-the administrator of Francis Lafontaine, to obtain an order for the sale of the decedent’s real estate, to pay an indebtedness alleged t.o be due to Daniel R. Bearss and Moses Scott, and which had been allowed against the estate by the court-having jurisdiction of probate matters.

The second paragraph of the answer denies that the dece- ■ dent was indebted to any one. We think the demurrer to this paragraph was properly overruled. An administrator has no right to sell real estate, except where it becomes necessary to resort to it for the payment of…