Bull v. Bal

Citations

• 17 N.M. 466
• 130 P. 251

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Where the authority of an executor is revoked, and' an administrator, with the wiil annexed, is appointed, it is. not essential to the validity of the bond to be given by him as such that his special character should be recited therein; a bond in the ordinary form required of general administrators by the statute, is valid and proper.</p> <p>2. Reference should be made to the order of appointment for the purpose of determining the character and status of one assuming to administer upon an estate.</p> <p>3.. The defect in the bond executed by the administrator-with the will annexed, did not vitiate his appointment, nor-invalidate his acts.</p> <p>4. Letters of administration are to be considered merely as credentials and not necessary where the order or record, of the court show his authority to, act.</p> <p>5. An adjudication by1 the Probate Court as to insufficiency of personal assets to meet debts and legacies is not necessary preliminary to the exercise of power of sale conferred by last will and testament upon an executor or administrator with the will annexed.</p> <p>6. An executor, or administrator with the will annexed, where power of sale of real estate has been conferred by-the last will and testament of the decedent, has as a general rule considerable discretion as to the manner and conduct of such, sale, and may sell at private sale at his discretion when prudently and honestly exercised.</p>