In re Estate of Kibbe
In re Estate of Kibbe
Opinion of the Court
1. The testimony has not been brought up, and it must be presumed that the facts found, or which were necessary to support the action of the Probate Court, were sustained by sufficient evidence.
2. The order of sale provided for the sale of twenty-four thousand shares of the capital stock of the Europa Mining Company, “ now subject to a lien of the Merchants’ Exchange Bank
3. The property was ordered to be sold “ at private sale.” For a portion of the price of certain stock the administrator took the promissory note of the purchaser. In his return the administrator reported that the sale of the stock was very advantageous to the estate, even although the promissory note should not be paid. The Court, in confirming the sale, held and determined the sale to be thus advantageous. The sale cannot be treated as invalid, because the administrator received a note in addition to the full cash value of the stock.
Order affirmed.
Reference
- Full Case Name
- IN THE MATTER OF THE ESTATE OF H. C. KIBBE
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Estates of Deceased Persons—Claim—Pledgee.—A pledgee is not obliged, to present his claim to the administrator of the pledgor, unless he seeks recourse against other property of the estate than that pledged. Id.—Sale of Personal Property.—A sale of personal property which has been confirmed by the Probate Court cannot be treated as invalid because the administrator took a note for part of the price, when the balance was held by the Court to be the full cash value of the property.