Sproul v. Hunter

Citations

• 122 Va. 102
• 94 S.E. 179
• 1917 Va. LEXIS 87

Syllabus

<p>1. Executors and Administrators—Resort to Court for Direction and Advice.—Although executors have power under the will to sell the property belonging to the estate, the possession of such authority in no way deprives them of the right to go into a couit of equity for aid and guidance in the discharge of their duties,- and to have the property sold under its decree.</p> <p>2. Judicial Sales—Sales by Executor under Order of Court.—A sale made by order of a court of competent jurisdiction, pendente lite, is a judicial sale. Thus, where an executor having authority under a will to sell land, declines to exercise his authority, but applies to the court for instructions and directions, and is ordered to make sale and to report it to the court for confirmation, which he does, the sale is a judicial sale.</p> <p>3. Judicial Sales—Sale of Land by Executors under Direction of Cowrt—Case at Bar.—A testator by his will authorized his executors to sell his farm, estimated by the testator in the will to contain about 775 acres, and invest the proceeds. Under the will the executors were authorized to sell and reinvest all the real estate own*d by the testator at his death. Notwithstanding these provisions, the executors invoked the inrstruction' and direction of the Corporation Court of the city of Staunton in the discharge of their duties by a bill of conformity. The corporation court assumed jurisdiction of the suit and the administration of the estate, making the necessary orders therein as occasion required. The executors conceiving that a sale of the farm would be advantageous, listed the same with a real estate agent to procure a purchaser; and it was described by the agent as containing 800 acres. The agent procured appellants as prospective purchasers and submitted an offer in writing by them to purchase the farm and personal property upon it for $50,000. This was accepted by the resident executor subject to the approval of his co-executor, and the further confirmation