Weill v. Clark's Estate

Citations

• 9 Or. 387

Syllabus

<p>Administrator Trust Deed.</p> <p>Where H, W. and C. purchase real estate, and cause it to be conveyed in trust to secure the repayment of advances made by W. and C. on the purchase, and of subsequent expenses, by sale of the property, the residue to be conveyed to all three of the parties in certain proportions, and C., for a valuable consideiation, assigns to H. a certain amount of claims for such advances, and dies without having received any portion thereof, and while such trust remains wholly unexecuted. Held-That H. has no claim against C.’s estate which his administrator could properly allow, or for the payment of which, in the event of a deficiency of personal assets, the county court could legally order the sale of real estate left by the decedent.</p> <p>That the sale of the propert}' bj' the heir and widow of decedent does not alter the condition of H.’s demand, in reference to C.’s estate.</p> <p>Tender — Sale of Real Property.</p> <p>That a tender of the amount of a legitimate claim against the decedent’s estate, made by his heir or the heir’s grantee, conditioned upon the assignment of such claim to the party making such tender, or a tender by the trustee of the above described trust, as such, is invalid, and constitutes no legal ground for refusing an order of sale of the real estate to pay such claim.</p>