Fox v. Holcomb

OPINION

By HORNBECK, J:

This is an appeal on questions of law from an order of the Probate Court authorizing and directing the plaintiff-administrator to sell real estate of his decedent to pay debts of the estate. Two errors are assigned. One, refusing to dismiss the petition; two, the judgment is against the law.

The petition was in the usual form, and after the formal averments *335set out that there were debts of the estate in excess of the value of the personal property, part of which was $850 set off for a year’s allowance to the widow. The total debts were alleged to be $1,770.96 The…