Dailey, Exr. v. Kunkel

This is an action brought by the appellant as executor of the last will and testament of Calvin Kunkel, deceased, to sell real estate to pay debts of the decedent. To this petition, answers were filed by all of the parties and there was also a cross complaint filed by Nellie Smith and her husband, in which cross complaint, they alleged that Sarah Kunkel died the owner of the real estate and that, by the terms of her will, she devised said real estate to her children and grandchildren named in said will, and they asked, in their cross-complaint, that said real estate be partitioned among the…