Marrett v. Babb's Ex'r
Court of Appeals of Kentucky
Case 15 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. To enable executors to sell land the power must either be expressly given to them, or necessarily implied from the avails having to pass through their hands in the execution of their office, as in the payment of debts or legacies. (2 Redfield, 124; 1 "Williams, 550; Schouler on Executors, p. 509.) 2. The intention of the testator as expressed in his will is to govern.
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Case 15 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. To enable executors to sell land the power must either be expressly given to them, or necessarily implied from the avails having to pass through their hands in the execution of their office, as in the payment of debts or legacies. (2 Redfield, 124; 1 "Williams, 550; Schouler on Executors, p. 509.) 2. The intention of the testator as expressed in his will is to govern. (1 Redfield, 433.) 8. A foreign executor has no power.to sell lands of his testator in Kentucky until he has qualified under the laws of Kentucky.…
1Opinion of the CourtChief Justice Holt
belivered the opinion oe the court.
William Babb died testate in August, 1889. His will was probated, and Ms executor, E. R. Moore, wlio is styled “administrator” in the will, qualified in the proper court in the State of Massachusetts, where the testator resided at th'e time of his death. This action was brought to compel the specific execution of a contract of sale made by the executor of a lot of about three and a half acres of land in Jefferson county, Kentucky, the will having been first proven and admitted to record in the proper court of that county as a valid one in this State of both…
2Cases cited4 opinions
- Rankin v. RankinIllinois Supreme Court · 1865
- Rutherford's heirs v. Clark's heirsCourt of Appeals of Kentucky · 1868
- Jackson v. JeffriesCourt of Appeals of Kentucky · 1821
- Shanks v. KennedyCourt of Appeals of Kentucky · 1817
3Cited by17 opinions
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Vassill's Adm'r v. ScarsellaCourt of Appeals of Kentucky (pre-1976) · 1942
- Allison v. Cocke'sCourt of Appeals of Kentucky · 1899
- Courtney v. PradtCourt of Appeals for the Sixth Circuit · 1908
- Costigan v. KrausCourt of Appeals of Kentucky · 1914
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