Varble v. Collins' Exor.

Opinion op the Coukt by

Judge' TubneR.

— Affirming.

On the 29th of May, 1915, the Fidelity & Columbia Trust Company as executor of Ruth Sevier Collins, deceased, and the appellant, Pink Yarble, entered into an executory contract whereby the executor sold to appellant two lots in Wilder Park near Louisville, and agreed to convey same to him with a good and marketable title.

Appellant declined to accept the title offered to him, and this is an action by the executor asking a specific performance .of the contract.

The questions raised all grow out of the following provisions in the will of Ruth…