Dabney v. Manning
Ohio Supreme Court
This was an action of trespass for breaking and entering the plaintiff’s close, and was adjourned here for decision from the •county of Trumbull, upon a special case. The plaintiff was executrix of the last will of N. G-. Dabney, deceased, which had been duly proven and recorded, and the executrix had excepted the trust under it, and qualified.
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This was an action of trespass for breaking and entering the plaintiff’s close, and was adjourned here for decision from the •county of Trumbull, upon a special case. The plaintiff was executrix of the last will of N. G-. Dabney, deceased, which had been duly proven and recorded, and the executrix had excepted the trust under it, and qualified. The will contained the following bequest: “ I do will and ordain, that my executors hereinafter named, do ¡sell my farm on which I now reside, containing one hundred and sixty-eight acres, whenever, in their opinion, they can do the same Ao good…
1Opinion of the Court
By the Court :
The testator in this case directed his executors to sell his real estate whenever, in their opinion, they could do so *to good advantage. He devised the proceeds of sale to be paid in shares to his wife and children, and appointed the payments to the children to be made when they should respectively become of age. We can not consider these provisions as giving to the executors a mere naked power to sell the land, because they confide a discretion as to the time of making the sale to good advantage, and because they are intrusted with the charge of the proceeds until the time…
2Cited by2 opinions
- Hoffman v. HoffmanOhio Court of Appeals · 1939
- In Re Estate of LineOhio Court of Appeals · 1997