In re Williams

Decided November 15, 1807

Massachusetts Supreme Judicial Court · decided 1807-11-15

<p>I'he certificate of the register of probate is sufficient, where a guardian, &c., petitions for license to sell the real estate of his minor, &c., for the payment of debts; where the petition is for license to sell more of the estate than is necessary for the payment of the debts upon the ground that by a partial sa e the residue will be greatly injured, the judge’s certificate is required.</p>

Decided 1807-11-15

¶1The petition was accompanied with a certificate from the probate office, signed by the register of probate, in support of the allegations in the petition.

¶2Some of the Court doubted at first whether a certificate from the judge of probate was not necessary; but upon consideration, and looking into the statute (1), they were all of * opinion that the judge’s certificate is required only in [ *398 j cases where application is made for authority to sell more of the real estate than is necessary for the payment of the debts, upon the ground that, by a partial sale, the residue will be greatly injured. In other cases, a certificate from the register is sufficient (2).

¶3 1783, c. 32.

¶4 [See the Revised Statutes.—Ed.]