Durkin v. Connelly

92 A. 906 (Ch. 1915)

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Nature of the Case

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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.