| "{\"id\": \"4890638\", \"name\": \"Frank G. Myers, Exr., vs. Williston A. Cady\", \"name_abbreviation\": \"Myers v. Cady\", \"decision_date\": \"1901-03-29\", \"docket_number\": \"\", \"first_page\": \"549\", \"last_page\": \"549\", \"citations\": \"22 R.I. 549\", \"volume\": \"22\", \"reporter\": \"Rhode Island Reports\", \"court\": \"Supreme Court of Rhode Island\", \"jurisdiction\": \"Rhode Island\", \"last_updated\": \"2021-08-10T19:11:05.397795+00:00\", \"provenance\": \"CAP\", \"judges\": \"Present : Stiness, C. J., Tillinghast and Rogers, JJ.\", \"parties\": \"Frank G. Myers, Exr., vs. Williston A. Cady.\", \"head_matter\": \"Frank G. Myers, Exr., vs. Williston A. Cady.\\nPROVIDENCE\\nMARCH 29, 1901.\\nPresent : Stiness, C. J., Tillinghast and Rogers, JJ.\\n<1) Wills. Powers. Executors and Administrators.\\nTestamentary provision as follows : \\u201cI desire that my home estate be sold within a year after my decease, provided a suitable price can be obtained for the same \\u201d:\\u2014\\nHeld, that the expression of desire was equivalent to a direction to sell, the purpose of the limitation of time being to prevent a sacrifice of the estate, and that the executor had authority to sell after the expiration of the year.\\nBill in Equity for specific performance. The facts appear in the opinion.\\nHeard on bill and answer, and relief granted.\\nJohn Palmer, for complainant.\\nE. C. Pierce for respondent.\", \"word_count\": \"317\", \"char_count\": \"1854\", \"text\": \"Per Curiam.\\nThe will of Agnes McWilliams said: \\\"I desire that my home estate on Narragansett boulevard in Edgewood, town of Cranston, State of Rhode Island, be sold within a year after my decease, provided a suitable price can be obtained for the same.\\\" It then provided that the money derived therefrom should be added to what she had, and that the whole should be paid to designated legatees.\\nThe question raised is whether the estate can be sold after the expiration of the year. It is perfectly clear from the will that the estate was to be sold. The will contained no residuary clause, except by providing that each of the legatees should be entitled to receive a proportional part of the surplus. The expression of desire was equivalent to a direction to sell. The limitation of time was dependent upon obtaining a suitable price. It evidently meant that while she desired a speedy sale she did not want the estate sacrificed by a sale before a suitable price could be obtained. We think, therefore, that the executor has authority to sell and is entitled to a decree for specific performance.\"}" |