Jarrett v. Green

Stacy, O. J.

The question for decision is whether the evidence suffices to carry the case to the jury in the face of the demurrers. The trial court answered in the negative. "We are inclined to a different view.

The executor was well advised “to submit the question to the court for an interpretation of the section of the will dealing with the sale of stock.” He was ill-advised when, apparently without the knowledge of his own counsel, he sold the 86 shares on 9 March, 1943, at the price o'f $225 per share. Not only was he enjoined specifically by the testator to retain the stock if feasible,…