Roe v. Smith

Gaynob, J.:

The will of the deceased devised the land to the defendants as executors in trust with power to sell at the expiration of the trust and distribute the proceeds among the testator’s children. The defendants both, and together, en-> tered into an oral agreement to sell the land, and the contract was reduced to writing at their direction; but when it after-wards came to the signing, the defendant Charles P. Smith did not sign, and was not present at the signing, but he authorized and directed the other defendant to act for him in the signing, and to sign. The contract by its terms…