Legal Opinion

Williams v. Morton

Supreme Judicial Court of Maine

Decided July 1, 1854PublishedCited by 13 opinions

On Facts agreed. Debt on a bond given by defendants, October 25, 1847, on the appointment of one of them as the guardian of the minor children of William Lewis, deceased, the other signed as surety. The inventory was duly returned on the first Monday of November, 1847, but contained no personal property.

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On Facts agreed. Debt on a bond given by defendants, October 25, 1847, on the appointment of one of them as the guardian of the minor children of William Lewis, deceased, the other signed as surety. The inventory was duly returned on the first Monday of November, 1847, but contained no personal property. It described only a small piece of real estate with two small dwelling-houses thereon, appraised at $350. On the first Monday of November, 1847, the guardian pe» titioned the Probate Court for leave to accept immediately an advantageous offer he had for said real estate, and after legal…

1Opinion of the CourtTenney, J.

— In the sale of real estate under a license from the Court authorized to grant it, “the requisites provided by statute, of bonds to account, of a previous oath, of advertisements, and of-a public sale,-are important to the interests of all concerned in the estate to be conveyed, as heirs -at law, creditors and others.”

“ The rights of persons thus connected with the estate conveyed,-and whose interests are affected by the authority to sell, are regarded by these provisions j and they, and any claiming under them, are not concluded by the exercise of the authority-and license to sell in…

2Cases cited2 opinions

  1. Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
  2. Knox v. JenksMassachusetts Supreme Judicial Court · 1811

3Cited by13 opinions

  1. Bachelor v. KorbNebraska Supreme Court · 1899
  2. Hubachek v. Maxbass Security BankSupreme Court of Minnesota · 1912
  3. American Indemnity Co. v. NobleTexas Commission of Appeals · 1921
  4. Watts v. CookSupreme Court of Kansas · 1880
  5. People v. HuffmanIllinois Supreme Court · 1899

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