Brumbaugh v. Krouse

Opinion by

Linn, J.,

The question is whether the administrator d. b. n. c. t.. a. of Henry Ernst, deceased, may exercise the power of sale in decedent’s will conferred upon his wife as executrix, or whether it ended with her death. The appeal is from a judgment for defendant on a case stated, and an amendment thereto, filed to obtain the opinion of the court upon that question. Plaintiff as administrator d. b. n. c. t. a., by writing agreed to sell land of decedent to defendant, who, contending that the power of sale had not passed, declined to accept' the deed tendered. This suit to enforce…