Egard v. Chearnly
Court of Appeals of Kentucky
CASE 5 — PETITION EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. CITED— 3 Dana, 619; Forman Sf Dana vs. Hunt, SfC. 3 Metcalfe, 546; Taylor vs. Gilpin. 2 Metcalfe, 552; Vanbussum. vs. Maloney. 2 Ben. Mon., 411; Busly vs. Hardin. 14 Vesey, 151; White vs. Wilson. CITED— 3 Dana, 622; Forman, fyc., vs. Hunt, fyc. 2 B. Mon., 411; Busly vs. Hardin. 2 Met., 552. 3 Met., 546. MSS. Op. Ky., Oct., 1860; Martin vs. Powell's heirs. Rev. Stat., chap. 26.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
At a commissioner’s sale of a lot in the city of Henderson, decreed to be sold in execution of a testamentary trust for the education and maintenance of the testator’s infant children, the appellant was the highest bidder at the price of $1,100.
When the commissioner’s report came up for consideration, all the devisees moved a quashal of the sale, on the sole ground of gross inadequacy of the price bid, and two of the adult devisees offered to take the lot at $3,000, as so much of their interest in the testator’s estate.
The circuit court…
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