Bradt v. Hodgdon
Supreme Judicial Court of Maine
Agreed Statement. The case appears in the opinion. The power of am executor to convey the real estate of his testator is a power which is strictly construed. Such conveyances being in derogation of the rights of heirs and devisees, the purchaser has always been held to be bound to show strict compliance with statutory requirements if his title is called in question. Campbell v. Knights, 26 Maine 224; Parker v. Nichols, 7 Pick.
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Agreed Statement. The case appears in the opinion. The power of am executor to convey the real estate of his testator is a power which is strictly construed. Such conveyances being in derogation of the rights of heirs and devisees, the purchaser has always been held to be bound to show strict compliance with statutory requirements if his title is called in question. Campbell v. Knights, 26 Maine 224; Parker v. Nichols, 7 Pick. Ill; Snow v. Russell, 93 Maine, 362, p. 374. Here the executor attempted to convey under the provisions of the will. The will contained no provision exempting the…
1Opinion of the CourtWiswell, C. J.
This is a real action. The demanded premises at one time belonged to Daniel Bradt, who died in 1877, leaving a will which contained the following clauses:
“ Fifth. All the rest, residue and remainder of my estate real personal and mixed I give, devise and bequeath to my children to be divided among them share and share alike and to their heirs forever.”
“Sixth. I authorize my executors hereinbefore named and the survivor of them and any successor or successors that may be appointed in said trust to sell at public or private sale any or all my real estate at such time or times as they may see…
2Cases cited1 opinion
- Newton v. . BronsonNew York Court of Appeals · 1856
3Cited by2 opinions
- Davis v. ScavoneSupreme Judicial Court of Maine · 1953
- Hayes v. JohnsonSupreme Judicial Court of Maine · 1965