Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
The testator's will authorized the executor to sell real estate and to invest the proceeds at her discretion. She contracted to sell the land for $45,000 to be paid $5,000 in cash, $16,000 by proceeds of a bank loan secured by first mortgage and $24,000 by note secured by a second mortgage to her as executor. The executor refused to perform alleging lack of power to do so. The purchaser filed a bill for specific performance.
Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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