In re Estate of Albert
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court. — H on. Henry‘0. Riley, Judge. The statute'regulating the sale of real estate of a deceased person, indebted to an amount larger than personal property would pay, in this case strictly complied with. R. S. 1880, secs. 161, 162, 163 and 164. The report of the sale was made strictly in accordance with the facts, and as required by the statute.
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Appeal from the Cape Girardeau Circuit Court. — H on. Henry‘0. Riley, Judge. The statute'regulating the sale of real estate of a deceased person, indebted to an amount larger than personal property would pay, in this case strictly complied with. R. S. 1880, secs. 161, 162, 163 and 164. The report of the sale was made strictly in accordance with the facts, and as required by the statute. R. S. 1889, sec. 166. The executor could not execute a deed, notwithstanding the approval of the sale by the court, for want of consideration; purchase price paid, qs required by the statute and terms of sale.…
1Opinion of the CourtBiggs, J.
*560Objection of executor. *559This is an appeal by the executor of the estate of John Albert, deceased, from an order of the circuit court approving a sale of real estate made by him for the payment of debts and ordering him to execute a deed to the purchaser for the land so sold. The original order of sale was made in the Cape Girardeau Court of Common Pleas, a court possessing original probate jurisdiction. When the executor made his report of sale to the latter court one of the attorneys *560interested in the estate had been recently elected judge of the court. Thereupon, as the record recites, the…
2Cases cited2 opinions
- Helgans v. SchneckoMissouri Court of Appeals · 1898
- State ex rel. Lewis v. SchleiffarthMissouri Court of Appeals · 1881
3Cited by2 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- King v. GilreathSupreme Court of Alabama · 1907