In re Butler's Estate, Case Number: 27394

• Decision Date: 19 October 1937
• Docket Number: Case Number: 27394
• Citation: 181 Okla. 301,73 P.2d 417,1937 OK 582
• Parties: IN RE BUTLER'S ESTATE
• Court: Oklahoma Supreme Court

1937 OK 582
73 P.2d 417
181 Okla. 301

IN RE BUTLER'S ESTATE

Case Number: 27394

Supreme Court of Oklahoma

Decided: October 19, 1937

Syllabus

¶0 1. EXECUTORS AND ADMINISTRATORS--Statutory Provision as to Sale of Property of Estate.

"When a sale of property of the estate is necessary to pay the allowance of the family, or debts outstanding against a decedent, or the debts, expenses, or charges of administration, or legacies, the executor or administrator may also sell any real, as well as personal, property of the estate in his hands and chargeable for that purpose, upon the order of the county court, and an application for the sale of real property may also embrace the sale of personal property." Section 1274, O. S. 1931.

2. SAME--Sale of Property for Payment of Expenses and Charges of Administration in Absence of Cash on Hand to Pay Same.

An administrator, upon order of the county court, may sell any property of the estate in his hands so chargeable for the payment of expenses and charges of administration when such administrator does not have sufficient cash on hand to pay same.

3. SAME--HOMESTEAD--Effect of Waiver of Rights by Surviving Spouse to Render Homestead Subject to Administration.

Where the surviving spouse renounces or waives the use, occupancy, and income from the homestead the same becomes subject to administration and the administrator may take charge of same and administer it as other property of the estate.

Appeal from District Court, Logan County; Henry W. Hoel, Judge.
In the matter of estate of George Butler, deceased; H.F. McCroskey, administrator. From judgment of district sustaining, on appeal, order of county court for sale of real estate, S.B. Brooks brings error. Affirmed.

Erwin & Erwin, for plaintiffs in error.

McGuire & McGuire, for defendants in error.

CORN, J.

¶1 This cause originated in the county court of Logan county, wherein an, order of sale was granted H.F. McCroskey, administrator of the estate of George Butler, deceased, to sell certain real estate belonging to the estate, over the objection of S.B. Brooks, assignee of one of the heirs, from which order appeal was taken to the district court of said county. There the case was tried de novo, resulting in a judgment of the district court granting the order of sale, and S.B. Brooks appealed from said judgment to this court.

¶2 The plaintiff in error first contends that the court erred in decreeing a sale of real estate for the payment of the claim of Dena Butler...