McAlpin, Exrx. v. Obenour

The appeal to this court is from a judgment of the Probate Court of Franklin county, Ohio, authorizing the sale of real estate of which the decedent died seized, to pay the debts of her estate and costs of administration. The record is clear and it is undisputed that if item-three of the will of the decedent is effective to transfer to Stella F. McAlpin all the personal property left by. the decedent, the real estate must be sold to pay debts. If, however, that item does not convey certain choses in action, and the same are part of the residuary estate, then it will not be necessary to sell…