Stewart v. Smalling

OPINION OF THE COURT

WATSON, J.

Appellant, as administrator for his deceased wife, advertised a sale of real estate under a mortgage given to his intestate containing, among its provisions, a power granted to said intestate, “or his agent or attorney,” to sell the mortgaged property to satisfy the debt secured.

By the judgment here for review, the sale was enjoined upon the theory that the power was personal to the donee and ceased with her death. Counsel agree that the sole question presented is whether the administrator possessed the power he was assuming to exercise. Appellee’s proposition in…