Purser v. Short

Citations

• 58 Ill. 477

Syllabus

<p>Wills—sale by executors. Where, by a will, the widow was invested with a life estate in certain lands of the testator, and the will also empowered the executors to sell the lands belonging to deceased, either at public or private sale, for cash, or on a credit, and the executors applied to the circuit court for leave to sell the interest of the widow, and the widow appeared and consented to the decree, and the lands were sold thereunder, upon objection that the decree was irregular and the sale under it void, it was held, although there may have been irregularities in the decree which rendered the sale void as to the interest of the widow, yet the deed of the executors, leaving out all reference to the decree therein, showing the capacity in which they executed the deed, as executors of deceased, was sufficient to pass the fee, subject to the life estate of the widow, under the power to them contained in the will—the pretended sale under the decree being regarded as not constituting a waiver of their right and power to sell under the will</p>