Security Savings & Loan Ass'n v. Hartley

The opinion of the court was delivered by

Dawson, C. J.:

This appeal presents the question whether the probate court must order an administratrix to sell mortgaged real estate on the insistent demand of the mortgagee.

The probate court ruled to the contrary, and the district court sustained that ruling. Hence this appeal.

The pertinent facts were these: On September 8, 1936, the late Fred L. Hartley, of Saline county, died testate, naming his widow, Florence A. Hartley, as sole beneficiary of his estate. On October 24, 1936, the widow qualified as administratrix with the will annexed. The…