Whisnand v. Small

Petition by the appellees, as creditors of the estate of Frederick F. Butler, deceased, under section 78 of the decedents act, 2 R. S. 1876, p. 523, to sell real estate.

This section provides, that “Any creditor, upon filing a petition therefor, verified by his affidavit, setting forth the amount of the personal estate, the insufficiency of such personal estate to pay the debts outstanding, a description of the real estate of the decedent, the names and ages of the heirs and legatees, if they are known, and, if not known, so stating, may have an order for the sale of such real estate by such…