Allen v. Dean
Massachusetts Supreme Judicial Court
Bill in equity, filed on October 6, 1888, by the trustee of a devisee under the will of Maria Dean, to restrain the executor thereof from selling real estate of the testatrix beyond what was necessary for the payment of debts, legacies, and charges of administration, in the settlement of the estate. Field, J., reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The authority given to the executor to sell real estate “ as the proper and convenient settlement of the estate may require,” is a limited authority, to be exercised only as required in the settlement of the estate. The executor intends to sell all real estate, not for the payment of debts, legacies, and expenses of administration, but for the purpose of dividing the proceeds among the devisees. The'only question argued is, whether by the words “ in the settlement of the estate ” the testatrix meant not only the settlement of the administration account in the Probate Court, but also the…
2Cases cited1 opinion
- Mayo v. MerrittMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- McLaughlin v. GreeneMassachusetts Supreme Judicial Court · 1908
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Heard v. ReadMassachusetts Supreme Judicial Court · 1898
- Justice v. SoderlundMassachusetts Supreme Judicial Court · 1916
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