Thomas v. Provident Life & Trust Co.
Court of Appeals for the Ninth Circuit
Appeal frorp the Circuit Court of the United States for the West-■em Division of the District of Washington.
1Opinion of the Court
GILBERT, Circuit Judge.
As the facts of this case are fully stated in the dissenting opinion of Judge ROSS, they need not here be detailed.
The mortgages made to the Provident Life & Trust Company are in effect the mortgages of the executors. The trial court reached the conclusion that the executors and trustees under the will of Gen. Sprague had the power to mortgage the real property of the estate. While it is true that the very decided weight of authority sustains the proposition that a naked power given to executors to sell does not include the power to mortgagé, there is authority for…
2Cases cited2 opinions
- Deery v. HamiltonSupreme Court of Iowa · 1875
- Starr v. MoultonIllinois Supreme Court · 1881
3Cited by10 opinions
- Evans v. TuckerSupreme Court of Florida · 1931
- Sherman v. El Paso Nat. BankCourt of Appeals of Texas · 1936
- Perez v. Gil's EstateNew Mexico Supreme Court · 1924
- Lloyd Inv. Co. v. SchmidtCourt of Appeals for the Seventh Circuit · 1933
- Sprague v. BetzWashington Supreme Court · 1906
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