Brown's v. United States Trust Co.

Opinion of the Court by

Chief Justice Carroll

Reversing.

R. M. Brown died testate in Shelby county in July, 1916. Shortly after this his will was probated and the Peoples Bank & Trust Company appointed executor. He owned considerable property, real and personal, but his estate was heavily encumbered with lien debts, aside from which there were many unsecured creditors, and it is conceded that the general creditors can not be paid in full nor will there be anything for the devisees.

In December, 1913, Brown leased for a period of ten years and thirteen days or to December 31, 1923, a three story…