Tracy v. Murray

The two questions in this case are, whether under the will of Eleazer Tracy the executors had power to sell the real estate without license of the probate court, and if so, whether they have been guilty of fraud in their attempted exercise of the power.

The will after making gifts which embraced the whole «state contained the following provision: “ I appoint John Murray and Henry Line as executors to sell and. dispose of all my estate, and carry out the provisions of my last will .and testament according to the provisions therein named.” *38Nothing else in the will purports to qualify in any…