Moore v. Wears

Leaming; V. C.

The bill is filed by certain devisees of Isaiah C. Wears, deceased, and is filed for partition of real estate owned by coni- ' plainants’ testator at his decease.

Other devisees of testator now move to dismiss the bill on the ground that the will and codicil of testator confer upon the trustee who has been substituted for the trustee named in the will power of sale of the real estate of which partition is sought.

It is obvious that the bill should not be entertained if t the substituted trustee is clothed by the will with a power of sale of the real estate described in the bill.…