Schupbach v. Fisler

BOHLING, C.

This is an action to ascertain and determine title to Lots 87 and 88, Penn Park, an addition in Kansas City, Missouri. The issue for determination is whether, under the present law, the administrator of the estate duly appointed by the probate court can sell real estate when necessary to pay the allowed demands against the testator’s estate while an action is pending to contest his will.

Elizabeth Johns Browning Sehupbach (nee Browning), the devisee under testator's will, instituted the action. The present owners, Harry Fisler and Lucille Fisler, husband and wife, of Lot 87, and…