Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-09-23

actual cOnultlOn OF the trench ana
street at the place Of the accident.
Also in the Cumberland County case
of Larkin D. Snow, appellant, from Il
decree of the Judge of Probate grant
ing license to sell real estate of Sub
nit c. Russell.
| Rescript.-Strout, ].
At the death of Submit c. Russell,
| she was indebted to George F. Russell.
| He brought suit upon his debt against
John H. Russell, executor of Submit
| c. RUSSELL and obtained judgment for
| thirteen hundred and fifty dollars ard
! fifty cents, in November, 1897.
In March, 1898, John H. Russell, as
| executor, had license from the Probate
Court to sell Mrs. Russelrs real estate
to pay this judgment. Mrs. Russell
| left one parcel of real estate and a
small amount of personal. John II.
Russell did not give a bond on obtain
| ing the license to sell. The license
therefore was illegally granted, and
| conferred no authority upon the eXecu-
| tor. and sale under it was void, not
withstanding John II. Russell under
| took to sell the estate to George "
| Russell for twenty-five hundred dol
lars. and delivered to him a deed. AS
| payment George F. Russell discharged
| the execution issued upon his judS-
ment. paid John Fl. Russell three hun
bred dollars in cash and promised 70
pay the balance of five hundred ard
forty mine dollars and fifty cents, hut
has never paid the same.
| Upon the death of John H. Merrill.
| Isaac l.. Elder was appointed adminis-
traitor de boniS non, with the VIII an
nexed. Elder filed petition in the
Probate Court stating that George F.
Russell offered to pay for the same
parcel of real estate the sum of five
hundred and forty nine dollars AMI
fifty cents in addition to the sum OF
sixteen hundred and fifty dollars anG
fifty cents, which he had already paid
to the said John II. Russell. executor
aforesaid, making in all the sum of
two Thousand two hundred dollars
for said real estate, which is an adj
vantageous offer therefor. and that the
interests of all concerned will be pro-
NOTED by the acceptance of said offer.
He prayed for license to sell at private
NOTED by the acceptance of said offer.
which was granted by the Probate
1 [.
pealed to the Supreme Court of Pro-
bate. Upon hearing in the appellate
court of the appeal and the agreed
statement of facts. the decree OF the
Probate Court was reversed and TIL"
petition for license to sell at an aG-
vantageous offer dismissed.
The case came to the law court
upon exceptions to this ruling. The
reasons of appeal raise the question
whether the petition to the PROBATE
court contained sufficient allegations
to authorize that court to grant any
license to sell real estate. and whether
it presented a case under any of the
clauses of r. S. c. II, s. L.
| A license to sell real estate is only
granted to an executor or administr;l-
| tor when it is necessary to pay debts,
Iegacies or expenses. and the petition
for such license must -allege these facts,
and they must be proved to the court.
| In this petition there is no allegation
| that the sale of this real estate is nee
essary to pay debts" Besides, it was
not necessary to sell real estate at $500
| to pay $1650.50 To authorize sale CT
| the whole estate in such case ii must
..appear by the petition and proof that
| the residue would be greatly depreci-
atedby a sale of any portion. r.. 5. C..
| Il s. 1. item 3. No such allegation is
| found in this petition. nor is such proof
supplied by the agreed statement of
| facts. "a license to accept an advan-
| tapaous offer can only be granted
| where the court may grant license to
sell at pnblic auction, and those eases
are only those enumerated in section
one of that chapter
The objections made by the appellant