Rose v. Thornley

Citations

• 33 S.C. 313
• 12 S.E. 11
• 1890 S.C. LEXIS 160

Syllabus

<p>A testator directed his real estate to be sold at the discretion of the executor, who was to receive the rents until a sale was made, and pay them over as directed in the will. After the death of one of the life tenants, a portion of these rents and of the corpus of the estate, when sold, became payable to infants in another State ; whereupon the administrator cum testamento annexo filed his complaint, asking authority from the court to pay these funds to the father of these infants, upon proper security, as well the funds then in hand as those to be received prior to final settlement. Held, that as the complaint did not seek to put the estate into court for administration, and as there was no insolvency or other complexity requiring the court to interfere, the sale of the real estate must be made by the administrator as directed by the will, and not by the master.</p>