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HAMILTON v. MAYER

SC 2221.

345 So.2d 1334 (1977)

W. F. HAMILTON v. Dorothy Villar MAYER et al.

Supreme Court of Alabama.

April 29, 1977.

Attorney(s) appearing for the Case

Eric G. Bruggink, of Hardwick, Hause & Segrest, Dothan, for appellant.

Edward Jackson, Dothan, for Robert H. Hamilton, individually and as executor.

JONES, Justice.

This appeal presents a single issue: When there is insufficient personal property for the payment of the debts of an estate, does the executor have the sole and exclusive right to sell the real estate for the payment of the debts? Or, stated in the context of appellant's contention, does a complaint for "Sale of Real Estate and Division of Proceeds," filed in circuit court by a devisee who is not the executor under the will, take priority, because...

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