Pedroja v. Pedroja

The opinion of the court was delivered by

Allen, J.:

This action was for the appointment of a trustee to make oil and gas' leases on lands belonging to the devisees under the will of Joseph A. Pedroja. This action was by Joseph F. Pedroja, individually, and as trustee under the will of his father, the testator.

On February 23, 1933, Joseph A. Pedroja died, testate, seized and possessed of various tracts of land in Greenwood county. The will provided:

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“I give, devise and bequeath to my wife, Mary J. Pedroja, she surviving me, a one-half interest; and to my children, Joseph F. Pedroja, Daniel A.…