In re Estate of Mitchell

Opinion by

Mr. Chief Justice Sterrett,

This appeal by the surviving executor of Samuel Mitchell, deceased, is from the decree refusing an order to sell, for payment of debts, the real estate of which his testator died seized in June, 1887. The petition for order of sale was not presented until March 25, 1896, more than eight years and nine months after testator’s will was probated. At the time of his decease there was no unpaid debt that was then or ever had been a lien of record; nor was any action to recover unpaid debts commenced against the executors or devisees within five years, or at any…