DUNCAN, J.
At the hearing upon the motion to dismiss, the pendency of certain other actions was disclosed. It was stated that the defendant administrator has petitioned the probate court for authority to sell the real estate in question. It also appeared that there is pending in that court a petition for partition brought by the plaintiff against all of the cotenants. Whether sale of the real estate is necessary to pay debts of the decedent does not appear from the...
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