Albright v. Bangs

Citations

• 72 Kan. 435
• 83 P. 1030
• 1905 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Executors and Administrators — Sale of Real Estate by Foreign Administrator de bonis non — Validity. Where a nonresident dies testate in another state owning property in Kansas, and the executors named in the will are appointed and qualify as such in the other state, and letters testamentary ar.e afterward issued to the same persons in Kansas, an administrator de bonis non who is appointed in the foreign state on account of the death of one executor and the removal of the other is not thereby made the successor in trust of the executors under their Kansas appointment so far as to enable a Kansas court to permit him to sell real property to pay debts of the estate under an order previously granted to the executors, without the giving of a new notice by the administrator of his application for such authority. A sale made by the administrator without such notice is void, and a deed made under it constitutes no defense to an action of ejectment brought by the devisees or their successors in interest.</p>