LEAVE TO SELL PROPERTY.
POWER UNDER A WILL.
A somewhat important point of law was decided before Mr. Justice Stringer in the Supreme Court yesterday.
The trustee in the estate of William Richard Waddel, deceased (Mr. Fiddes, instructed by Messrs. Biernacki and McLiver), applied for leave to sell the real property in the estate. It appeared there was no express trust or power for sale under the will; that the proposed sale was not for the purpose of paying the debts, and that the executors were functus officio. It was contended, on behalf of the applicant, that there was, nevertheless, an implied trust or power of sale for the purpose of division of the estate among* the beneficiaries, and also an implied power of sale on the ground that the realty and personalty were blended and charged with the payment of debts. After hearing the authorities His Honor granted the order for, leave to sell; with costs as against the estate.
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New Zealand Herald, Volume LX, Issue 18356, 23 March 1923, Page 11
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161LEAVE TO SELL PROPERTY. New Zealand Herald, Volume LX, Issue 18356, 23 March 1923, Page 11
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