Clay v. Clay

SIMS, Judge.

The question for decision is whether or not the interest in land of contingent infant remaindermen can be mortgaged to satisfy the debts of testator and the cost of administration. There is no dispute in the facts and this appeal presents the sole question of the authority of the circuit court to approve the mortgaging of real estate by the guardian of infant contingent remainder-men to pay the debts of their ancestor where such mortgages would be to the best interest of the infants. The trial judge after hearing proof adjudged it was to the best interest of the infants that the…