William Fairhurst, Co-Executor v. James Fairhurst

Syllabus

The appellants, William Fairhurst and Mary Fairhurst, in their capacity as co executors of the estate of Harry Fairhurst, appealed from a final judgment entered in Providence County Superior Court that affirmed an order of the probate court voiding the real estate sale of testator Harry Fairhurst's property to William Fairhurst and his wife, Caroline Fairhurst. Before this Court, the appellants argued that the Superior Court erroneously applied G.L. 1956 § 33-19-9 because under the terms of the testator's will, the co-executors were permitted to sell estate assets without probate court approval. The appellants also argued that the probate court judge's declaring sua sponte that the sale was not in compliance with § 33-19-9, without notice or hearing, was a denial of the appellants' due-process rights. The appellants further asserted the doctrine of laches, averring that the appellees' delay in objecting to the real estate sale, unfairly disadvantaged William and Caroline. The Supreme Court concluded that, in this instance, where the testator's will and § 33-19-9 conflict, the statute controls. Therefore, the co-executors were required to seek probate court approval prior to purchasing the property, pursuant to § 33-19-9. Additionally, the Supreme Court rejected the appellants' laches argument because the appellants neither provided the appellees with adequate notice of the terms of the sale nor sufficient time to object to the conveyance prior to its completion. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.