Estate of Johnson

The petition of James D. Phelan shows that on a certain date in open court he made an advanced bid of. ten per centum exclusive of the expenses of a new sale. The bid was accepted by the court. Thereupon Mr. Phelan paid as a deposit $8,140, which is now held by the executor of the Johnson estate. The court oq. March 25, 1895, confirmed the sale to Mr. Phelan. -A deed has been offered by the executor, but Mr. Phelan refuses to accept the same for many reasons, among them:

Both parties have asked the court to rule upon the propositions involved.

The points of both propositions were, in principle, dealt with and decided in an informal manner recently in the Estate of Martin Kelly, but the discussion now is deeper and broader; although the conclusion reached in both cases is the same, the reasoning here is more satisfactory, and the result so well established by authority that the executor acquiesces, by advice of his counsel, and will not question the obligation of the estate to pay the taxes now a lien on the property purchased by Mr. Phelan, and relinquishes all claim to the rents since confirmation of sale.

The superior court sitting as a court of probate can carry into effect…