The estate trustee brought an application for the interpretation of the wills of a deceased husband and wife, and for directions regarding the sale of estate lands.
The estates had outstanding debts, including tax liabilities, and the lands had not been transferred within the statutory three-year period.
The parties consented to an order clarifying that the lands remain vested in the estate trustee, who is authorized to sell certain parcels to pay the estates' debts before distributing the remainder to the beneficiaries.
The court approved the consent judgment, finding it pragmatic and in accordance with the testators' wishes and the rights of creditors.
