Whisman v. McMullan's

Clay, Commissioner

Reversing.

The purpose of this action is to secure judicial sanction of a proposed sale of real property by an executor under the will of J. M. McMullan. The Chancellor adjudged that the executor had the power to make the proposed sale and conveyance.

Mr. McMullan died January 6, 1949, leaving a will which provided in item 4:. “All of the remainder of my estate of every kind and character, personal,.real or mixed, is to be equally divided among my wife and two sons, viz.: Philip Mc-Mullan and Thomas McMullan, to be theirs absolutely, but if my said son, Thomas should die…