Ex parte Thomes , 3 Me. 50 ( 1824 )

But the Court

said that the contract being executory, it was not binding on the wife, she being a feme covert ; — and that therefore they could not, under the statute, grant any authority to her administrator to convey the estate. The administrator can be empowered only in those cases where the intestate was legally bound. So the petitioner took nothing by his petition.