In re Security Trust & Safe Deposit Co.

Citations

• 10 Del. Ch. 334
• 92 A. 244
• 1914 Del. Ch. LEXIS 23

Syllabus

<p>Under 24 Del. Laws, c. 235, providing that when real estate is devised for life, and thereafter to be sold, and no person is authorized to make the sale, the person who shall have the execution of the will at the period when such sale is to be made shall have authority to make the sale, an administrator with the will annexed may make such sale, where the executor died before the life tenant, even though the administrator was not appointed until after the death of the life tenant, since the word “period,” as used in the statute, does not mean the instant of the death of the life tenant, but includes the time elapsing after his death.</p> <p>Where an administrator with the will annexed is clearly entitled, under 24 Delaware Laws, c. 235, to sell real estate pursuant to the terms of the will, an order of the court authorizing such sale is unnecessary.</p>