Fulmer v. Gable

Citations

• 73 Wash. 684
• 132 P. 641
• 1913 Wash. LEXIS 1660

Syllabus

<p>Wills — Nonintervention Wills — Executors — Trustee—Power to Convey — Order oe Court — Necessity. An executor in a nonintervention will, being a trustee, has power to convey the real estate without an order of court, where the will provides for the payment of legacies and other charges and the estate cannot he administered without the realization of funds, the conveyance of real estate being necessary to execute the trust; and Rem. & Bal. Code, § 1446, empowering executors of a solvent estate, after adjudication of solvency, to sell and convey property “where the will authorizes them so to do,” does not require any other or more specific authority to make conveyances; since the estate being solvent, the court would have no jurisdiction to order a sale, unless it assumed jurisdiction under Id., § 1444, for “failure to execute the trust faithfully.”</p>