In Re Estate of Kappenmann

RENTTO, Presiding Judge.

When this controversy was before the circuit court on appeal from the county court the judge of that court wrote: "The question presented by this appeal is whether an executor may sell specifically devised real property, under a power of sale in a will, where such sale is not necessary to pay debts and cost of administration, and where there is no directive in the will to sell such devised property." His answer was no. The same question is presented on this appeal from his decision, but our answer is yes.

The decedent, George A. Kappenmann, died on September 9, 1963. By…