McLeod v. Butts

Although the application set forth the .amount of claims that had been allowed against the •estate, it was not based upon the provisions of the executor’s and administrator’s act authorizing’ real ■estate to be sold for the payment of debts.- On account ■of the resignation of the executor named in the will and the appointment of an administrator with the will .annexed, it was deemed advisable to procure an order of the probate court directing the administrator to sell :in order to carry out the provisions of the will. In *786this situation the offer of appellant made under the provisions of…