Opinion
10-27-1903
In re DONLON.
Edwin C. Long and Linton Satterthwaite, for petitioner. John A. Montgomery, for defendant.
Application by Bridget Anna Donlon for the sale of land limited over. Application denied.
Edwin C. Long and Linton Satterthwaite, for petitioner.
John A. Montgomery, for defendant.
REED, V. C. I shall not make an order to sell the premises at present. Whether I shall do so at all will be the subject of further consideration. Before dealing finally with the application, I shall wish to know what debts, if any, of Mrs. Tracey, will have to be paid out of her real estate. Although she may have had, as was stated upon the argument, other real estate specially devised, still the house and lot, the sale of which is now wished, will have to eventually contribute to the payment of the debts, no matter which property may be sold. As the matter stands, I am not satisfied that the sale would be for the benefit either of the applicant or of her children. The property is rentable in its present condition. The repairs which are said to be needed, with the exception of the reparation of the floor, are not presently necessary to preserve the house from waste. The rentals, after the deduction for taxes and other expenses, will exceed the income which could be possibly derived from an investment of the proceeds from the sale, keeping in view the valuation placed upon the property by the witnesses. Out of the sum received the legacies would have to be paid, and, as it now seems to me, would have to be charged against the interest of the widow in the proceeds. I am not able to perceive why the widow cannot arrange to have the legacies paid off by a devotion of the rents, or a part of them, and hold the property to her own advantage. I will not, however, decide this phase of the matter definitively until the condition of the estate of the devisor is exhibited. The matter will therefore be held over for further advisement.