Durkin v. Connell

92 A. 906 (Ch. 1915)

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.