In the administration of the estate of a decedent it often becomes necessary, because of the failure of the personal estate, to sell part of the real property to satisfy the claims of creditors and pay the expenses of administration, or to pay legacies which the testator has given. When executors are given a power to sell lands by the will which appoints them, the sale is, of course, according to the intention of the testator, and not under license of court.624 Personal representatives may not dispose of realty without an order of the court.625 Notice to persons interested or affected by the sale must be given before an order can be obtained.626 And the other formalities prescribed by statute must be followed.627
Conveyances hy Guardians.
In treating of personal capacity, it was seen that many persons could hold lands who had no power to convey them. But, as it is often necessary for the interests of such persons that some disposition be made of their lands, as that the lands of infants or insane persons be sold to provide for their support, their guardians are authorized, on presenting the matter to the court having jurisdiction, to make the necessary conveyances.628 Certain formalities, such as filing a bond,629 giving notice,630 and making a report,631 are required.
624 White v. Moses, 21 Cal. 44; Payne v. Payne, 18 Cal. 291.
625 See 2 Dembitz, Land Tit. 1114; First Nat. Bank v. Hanna, 12 Ind. App. 240, 39 N. E. 1054. And cf. Worthy v. Johnson, 8 Ga. 236; Campbell v. Knights, 26 Me. 224. The order to sell must describe the land. Borders v. Hodges, 154 111. 498, 39 N. E. 597; Melton v. Fitch, 125 Mo. 281, 28 S. W. 612.
626 Rogers v. Johnson, 125 Mo. 202, 28 S. W. 635; Picard v. Montross (Miss.) 17 South. 375.
627 see Durfee v. Joslyn, 101 Mich. 551, 60 N. W. 39; Melton v. Fitch, 125 Mo. 281, 28 S. W. 612; Rodgers v. Rodgers' Adm'r (Ky.) 31 S. W. 139.
628 See 2 Dembitz, Land Tit. §§ 151, 152; Bellamy v. Thornton, 103 Ala. 404, 15 South. 831; Williams v. Pollard (Tex. Civ. App.) 28 S. W. 1020. An estate in remainder may be sold. Wallace v. Jones, 93 Ga. 419, 21 S. E. 89.