Gridley's Heirs v. Phillips
Supreme Court of Kansas
Error from Anderson County. The opinion of the court contains a full statement of the facts of the ease. 1. Administrators have no authority in relation to the sale of the real estate of decedents, which they can delegate to an agent by power of attorney or otherwise. 2. When an administrator in the State of Kansas becomes a non-resident, his authority as such is legally revoked. He can no longer use nor delegate any power. Comp.
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Error from Anderson County. The opinion of the court contains a full statement of the facts of the ease. 1. Administrators have no authority in relation to the sale of the real estate of decedents, which they can delegate to an agent by power of attorney or otherwise. 2. When an administrator in the State of Kansas becomes a non-resident, his authority as such is legally revoked. He can no longer use nor delegate any power. Comp. Daws, Ch. 91, § 54. 3. A special authority to transfer title given by statute, which is in derogation of common law, must be strictly pursued in every substantial…
1Opinion of the Court
*352 By the Court,
Sappord, J.
The defendant in error filed his petition in the district court of Anderson county, setting forth, as follows, to-wit: That Grafton Gridley, late of Anderson county aforesaid, died leaving certain real and personal property in said county; that James G. Smith was appointed administrator of the estate of the said Gridley, deceased, and that he legally qualified as such; that under and hy virtue of the proper orders of the probate court of said county, duly published and executed by him, the said administrator did sell and deliver to the said defendant in error, certain…
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