Paine v. First Division of St. Paul & Pacific Railroad
Supreme Court of Minnesota
This action was brought by Parker Paine as administrator of the estate of Lyman Dayton, deceased. The complaint alleges, in substance, that said Dayton died seized of the title to certain real estate described in a bond, (which is set out at length in the complaint) executed by said Dayton, for the conveyance thereof, upon certain conditions therein named; that such conditions had not been complied with; that the defendants claim some right or interest in said real estate…
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This action was brought by Parker Paine as administrator of the estate of Lyman Dayton, deceased. The complaint alleges, in substance, that said Dayton died seized of the title to certain real estate described in a bond, (which is set out at length in the complaint) executed by said Dayton, for the conveyance thereof, upon certain conditions therein named; that such conditions had not been complied with; that the defendants claim some right or interest in said real estate under and by virtue of said bond; that it is necessary -to sell the real estate belonging to the estate of said Dayton to…
1Opinion of the Court
By the Gowrt
WinsoN, Ch. J.
Sections 5 cmd 6 of Chapter 52 of the Pevisecl Statutes are in these words
“ Sec. 5. The person.al estate of the deceased, which comes into the hands of the executor or administrator, is first chargeable with the payment of the debts and expenses ; and if the goods, chattels, rights and credits, in the hands of the executor or administrator, are not sufficient to pay the debts of the deceased, and the expenses' of administration, the whole of his real estate, except the widow’s dower, or so much thereof as may be necessary, may be sold for that purpose by the executor…
2Cases cited2 opinions
- Smith v. McConnellIllinois Supreme Court · 1855
- Brigham v. GurneyMichigan Supreme Court · 1849
3Cited by3 opinions
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Clark v. BundyOregon Supreme Court · 1896
- Simms v. GilmoreIndiana Court of Appeals · 1922