
    LESLIE v. WILLEY AND WIFE.
    Chancery — sale of decedent’s real estate should be in a court of probate, unless there is good cause for coming into chancery.
    Chancery will not hold jurisdiction of a bill by an executor to sell real estate, to pay the debts of the deceased, unless sufficient reason is disclosed why the application is not made to the probate court for leave to sell the land under the statute, which is a more summary and convenient proceeding.
    In Chancery. This case is between the same parties as the last. The bill sets up the same material facts as the last, and in addition, describes certain real estate, of which the testator died seized, and prays for an order to sell it. To this bill, there is a demurrer.
    
      Stillwell, for the defendant,
    made, this point: Can an executor apply in chancery for an order to sell the real estate of his testator, to pay debts, without showing special circumstances?
    
      James, contra.
   By the Court.

The statute law authorizing the sale of the real estate of decedents to pay their debts, prescribes the mode of proceeding for such purpose. The proceedings are had in the common pleas as a probate court. They are more summary and convenient than the proceedings in chancery, and so far as we can see, are adequate to effect the end. If found otherwise, and the ground of inadequacy is shown and relied upon, as a reason for coming into chancery, it is probable this Court would -take cognizance of the case; but without such disclosure, there is no occasion for coming into chancery.

The bill is dismissed, with costs.  