Estate of Sweigert

Citations

• 1 Myrick 152

Syllabus

<p>Distribution.—Before distribution, all claims by executor must be paid.— Executor must resort to estate fob payment of balance in his fayor.— Cannot have distribution and retain a lien.</p> <p>Executor asks that distribution be had to widow and minor child, subject to his lien for balance due him, widow and guardian of minor consenting. Application denied, for the reason that the guardian cannot encumber the estate of his ward for any purpose; and this Court has no authority to distribute without such consent.</p> <p>Construing section, C. C. P., 1665.</p>