Buckner, Newman & Co. v. Wood

Citations

• 45 Miss. 57

Syllabus

<p>1. Estate OE DECEDENT —SALE TO PAY DEBTS WITHOUT BOND VOID —CASE under consideration.—B. died leaving a will, by which he disposed of all his estate, real and personal, making no provision for the payment of his debts, and leaving his executors nothing to do but to hand over the property to beneficiaries under the will, and expressly exonerated his executors from giving “security;” and it was discovered that there was a considerable amount of debts due by said estate, rendering it necessary to sell the land to pay them, and the executors petitioned the probate court for an order to sell the lands, and did, under such order, sell them, but gave no bond, as required by the act of 1858. Upon exceptions by creditors of the testator to the confirmation of the sale: Held, that the sale was void for want of a bond, as required by the act of 1858.</p>