The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-03-17

ORPHANS CouRr-JudQe PureeR-This court
was occupied as follows ytEterSay;
LETTERS TKsTp MENTARr.
q, W, Bennett qualified as administrator Of
Z. 7, Robinson. J. Kepplcr. Joanna Wilson,
loci gsgsy D,S nsn sSarT'1 simpson 5b BTid
Montgomery giving bond In $500.
Margaret :. 1ndemsurer qualified as exeeu-
trix Of Jeremiah IndemsuIer, gIviug, bond 10
$1,000, with }. b. Greenwich and j. q. Stock
sutetles.
Z; p; Barrett, giving bond 10 $4,000, with Geo.
LAST Wills.
The last will OF Jeremy Inicmauret, giving
all hi, property to his wife, was filed and or.
The last viii OF ames McoutOhen of George.
town, giving the W. Baptist church OF George
town Us, COOS American and Foreign Bible So.
cety t3, O00j the Domestic Baptist Board n, 0O0i
and the Foreign Mission Board OF the South
ern Baptist Convention 5000, was admitted to
record.
Accounts OF the eNecutrlN of ames Z. Bills o.
Of the administrattlx Of Robert Johnson and
Of the administratrix Of Joseph Williamson
were filed and approved.
William II. Fenton qualified as guardian Of
Ida Walker, giving bond In $500 with a. W.
Miller and T. q. Hoover as suretieH.
On the application Of John II. johnson,
| executor OF Alfred Lee, deceased, to the court
to fix the manner and terms on which sale
| Of the real estate, which was OF the deceased,
| should he sold, the Court said
| 81 have carefully read the wlllof deceased,
a colOrcd man, who resided here for years, and
| has acquired large amount OF real and per.
| sonal property. He executed will, to which
| after his death no resistance was made, all the
heirs At the time OF Its probate being present
| In court, and making no objection to 1t, and 1t
| was duly proved according to the statutes.
| II is now alleged by the executor that the per.
sonal property is insufficient for the payment
| of debts, land certain Of the heirs requesting
| the executor to divide the estate,) and he
| prAys this court to fix the manner and terms
OF 4 sale OF the realty, such sale being au'
before me Is whether the provisions Of the
will have operated conversion OF the realty
into personally. AT the time the VIII was
propouuied l examined II, and then thought
such a conversion had taken place, and that
the executor therefore possessed the power OF
sale, and l have heard nothing from counsel
opposed to that view to change my opinion
Counsel holding the opinion that a conversion
had not taken place contend that the executor
must go to a court Of chancery to get the power
OF sale. Such a view 10 etfoneousi the ex
pense OF that course would be very considera
bic, and would consume large share OF the
estate, and could never have been eontem
plated by the testator, as he had great conf
dence in his executor, and, besides, the exeou
tor has bonded In this court to the amount oil
tl25,OOo, which Is certainly ample for all con
| tingCacles.
The will says the property may be sold q
the executors tone OF whom renounced) should
deem 1t necessary, and, as Blackstone says
the intent OF the testAtor must govern. The
executor should not be required to go into I
court of chancery, for the expenses would be
vastly increased. am clearly Of the oplnioI
that the will has worked a conversion OF thu
real estate Into personally, and will sign Al
order for the sale Of the property at one thirI
cash, balance in six, twelve and eighteen
months, the proceeds OF sale to be divided
among the dcvisees 10 pursuance Of the pro
visions OF the will.
| Even were the executor to go into cour
of chancery for authority to sell, the proceed
OF sale would come back to his hands as ox
ecutor, to he distributed under the order o
this couFt-thercby ontnillng upon the estate
double COMMISSIONS and extra costs.