Frier v. Lowe

This was a petition by the appellant, as administrator de bonis non of the estate of Charles Kopf, deceased, in the county court of Gallatin county, to sell real estate which it was alleged the deceased died seized of, .to pay debts probated and allowed against his estate. A demurrer was sustained to the petition on the single ground that the administrator was appointed administrator de bonis non whereas he should have been appointed administrator de bonis non with the will annexed, the deceased having died testate.

Without entering upon a consideration of the merits of the case, the appeal…