Estate of Blythe

This is a demurrer to an application entitled “Petition of administrator for leave to expend $10,000, or such other sum as may be sufficient to preserve the Mexican lands from forfeiture under the conditions of the grants.” A similar petition (except that the amount asked for was not specific) was filed September 6, 1886, and *154 a demurrer thereto overruled October 22, 1886; but the court denied the application, deeming it inexpedient to proceed further with the Mexican project. The administrator having revived his petition upon the assumption that the court might favorably regard a limited application, it becomes necessary again to inquire into the legal merit of the question.

The main ground of the demurrer is, that “the order prayed for is without and beyond the jurisdiction of the court to make.”

ALLEGATIONS OF PETITION.

The petition sets forth that the administrator had already expended certain moneys of the estate “for the purpose of maintaining possession of and title to certain lands situate in the Republic of Mexico,” the grants or titles to which lands stood in the name of one Guillermo Andrade; but that “the said Andrade had expressly acknowledged and declared that…