Cannon v. Garrett

Mr. Presiding Justice Wolfe

delivered the opinion

of the court.

The record in this case is brought before the court for review by George M. Garrett and Robert L. Wray, as executors of the will of Harvey C. Garrett, deceased. The appellants contend that the chancellor erred in holding that they have failed within a reasonable time to sell the real estate of the testator under the testamentary power ordering and directing them to sell it.

It is urged by the appellants that the decree is an unwarranted interference with their discretion to determine the time of the sale; that the appellee agreed to…