Helgesson v. Estate of Frank

The issue on this appeal involves the authority of an executrix-personal representative to sell real property belonging to a decedent’s estate. The probate court enjoined the sale upon an heir’s objection; however, after intervention by the buyer, the probate court ruled that it lacked the authority to prevent a sale of real property of the estate and ordered the personal representative to proceed with the sale. The objecting heir appeals from that order.

Beatrice Prank died testate on February 18, 1972. The provisions of her will and codicil provided for the distribution of her estate to…