Jones v. Broadbent
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. An action to enforce the specific performance of a contract for the sale of real estate. Judgment for the plaintiffs.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. An action to enforce the specific performance of a contract for the sale of real estate. Judgment for the plaintiffs. Where trust duties were imposed upon testamentary trustees who were also devisees and legatees as well as executors under the will, such executors could not act as trustees until there had been a distribution to them of the trust estate as trustees, and they themselves discharged of their executorial duties. (In re Higgins’ Estate, T5 Mont. 474, 39 Pac. 506, 28 L. R. A.…
1Opinion of the Court
SULLIVAN, J.-
This suit was brought to enforce the specific performance of a contract for the sale of real estate. It appears from the allegations of the complaint that one William Jones died in Boise City about the 2d of October, 1910, and at the date of his death was possessed of certain real estate situated in Boise City; that said Jones left a will wherein it was provided that two of his sons, who are the plaintiffs here, should be appointed executors of the estate of the deceased; that by the terms of said will the power was granted to the said executors to sell and dispose of any part or…
2Cases cited6 opinions
- Goad v. MontgomeryCalifornia Supreme Court · 1898
- Bellinger v. ThompsonOregon Supreme Court · 1894
- In re Higgins' EstateMontana Supreme Court · 1895
- Roach's EstateOregon Supreme Court · 1907
- Wilson v. LinderIdaho Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jennings v. MurdockSupreme Court of Kansas · 1976
- Vollmer v. VollmerIdaho Supreme Court · 1928
- Fleshman v. FleshmanIdaho Supreme Court · 1931
- McDermid v. BourhillOregon Supreme Court · 1924
- Wilkins v. WilkinsIdaho Supreme Court · 2002
11 more not listed; retrieve them via the Exa API.