Underwood's v. Underwood's Heirs

Citations

• 22 W. Va. 303
• 1883 W. Va. LEXIS 59

Syllabus

<p>1. Section 7 of chapter 86 of the Code authorizes an executor within six months from his qualification to bring suit to subject the lands of the testator to the payment of debts, when the personal estate of the testator is insufficient to pay the satme. (p. 306.)</p> <p>.2. The bill in such a suit should show on its face, who is the widow of deceased, who are the heirs and devisees, and all the known creditors; and if it does not show this, it is fatally defective, (p. 307.)</p> <p>3. The purchaser at a judicial sale can get no title, unless the parties interested in the land so sold are before the court. And such a sale, where such parties are not present, should be set aside by the court, (p. 307.)</p> <p>4. In a suit to sell land of testator, because personal property is insufficient to pay the testator’s debts, and in the will a bequest is made to the widow, no sale ought to be ordered, until twelve months after the probate of the will, because the widow has that time, within which to elect, whether she will renounce the will, unless she sooner make her election, (p. 308.)</p> <p>5. It is error to order the sale of land to pay debts charged thereon, subject to widow’s dower, but sale may be ordered without assigning dower in the land, provided she elects to take the value of her dower from the proceeds of the sale. (p. 308.)</p>