Rouse v. Kennedy

The only assignment of error is to the judgment entered below.

The appellants contend that in view of the following provision in the last will and testament of J. C. Lewis, to wit, “If it becomes necessary in the judgment of my Trustees to sell any of the real estate, it is my wish and desire that the farm lands known as the 'Harris Place’ be first sold to provide the necessary funds to carry out the purposes of this trust,” the trustees are not empowered to subdivide and sell any portion of the “Homeplace,” or the “Lettie Taylor Place,” until after the “Harris Place” has been sold.

The…