Wheeler v. Wheeler
Supreme Court of Connecticut
IN ERROR. THIS was an appeal from a decree of the court of probate for Stonington district, passed August 13th, 1812. The decree was as follows: " Whereas in the settlement of the estate of Shepard Wheeler, late of Stonington, deceased, represented insolvent, it appeared by the return of commission ers, that the sum of 1930l. was due from said estate, and an order was given by said court to one John Denison to sell so much of the real estate of said deceased as would raise…
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IN ERROR. THIS was an appeal from a decree of the court of probate for Stonington district, passed August 13th, 1812. The decree was as follows: " Whereas in the settlement of the estate of Shepard Wheeler, late of Stonington, deceased, represented insolvent, it appeared by the return of commission ers, that the sum of 1930l. was due from said estate, and an order was given by said court to one John Denison to sell so much of the real estate of said deceased as would raise said sum, as per order dated March 7th, 1800 ; and that said Denison, pursuant to said order, did sell the same…
1Opinion of the CourtSmith, J.
It appears from the record, that as long ago as the year 1800, land was sold, by an order of the court of probate, for the payment of debts ; and that the money was paid over to the creditors, their receipts taken in full, and lodged with the court of probate. It appears also, that the order under which such sale was made, was set aside by the superior court, on appeal, whereby the sale was rendered void. The question for this court to decide *53is, whether under the above circumstances the order now in question could be made, in order to raise money for the payment of those debts, which were…
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