Barber v. Erwin

Landis, District Judge.

This is an action where an executor applied to the district court for a license to sell real estate to pay debts, which was denied, and the executor appeals.. In the testate estate of Willie C. Erwin, deceased, the executor, John L. Barber, Jr., found, after the order allowing claims and barring future demands was entered, that there was insufficient personal property to pay the creditors and costs of administration.

The sole asset available for the payment of claims outside of the personalty, which amounts to enough to pay the costs and expenses of administration, was…