Estate of Fuller

Citations

• 2 Coffey 467

Syllabus

<p>Executor’s Sale—Confirmation When Sale Made Under Power.—The superior court, sitting in probate, has jurisdiction of an application to confirm a sale of a partnership interest made by an executrix under a power given in the will.</p> <p>Executor’s Sale—Restraining Confirmation.—One department of the superior court sitting in equity cannot, by enjoining parties to an executor’s sale, prevent another department of that court sitting in probate from confirming such sale.</p> <p>Executor’s Sale.—It is No Answer to an Application to Confirm a sale of a partnership interest, made by an executor under a power in the will, that there was a contract between the decedent and his surviving partner to sell the decedent’s interest to the surviving partner.</p>