The law of England is as stated by the plaintiff's counsel, that an executor or administrator caímos purchase but by paying the full value. The law however is different here ; for here it is sold by order of court, and by a public mincer, the sheriff, whose interest and duty it is to take care that it sells for its value : Therefore she may purchase ir: such case for less than the real value, if she can; but if not sold by order of court, or not by the sheriff, the proper officer, she, the executrix, shall still answer for the real value*
Executors of Tomlinson v. Executors of Detestatius, 3 N.C. 284, 2 Hayw. 284 (1803)
July 1803
·
North Carolina Superior Court
3 N.C. 284, 2 Hayw. 284
The executors of Tomlinson vs. The executors of Detestatius.
rT'HIS was an action of the case upon promisoiy notes, and -1®- ple ie adminiatravil vas pleaded.
Upon evidence, it appeared the property was sold by older of court, by an auctioneer in the town of Newborn, and for Jess than its value, but not under any other circumstances of unfairness. It was purchased in by the widow, who vas the executrix.