Melheiser v. Central Trust Co. of Owensboro

Opinion of the Court by

Commissioner Hobson

Reversing.

J. D. Melheiser by his will, among other things, provided as follows:

“3. I direct that my real estate be sold and the proceeds divided in seven shares as follows: (Here follow the names of appellants.)

“4. I hereby appoint the Central Trust Company of Owensboro, Kentucky, executor of this my last will and testament.”

The Central Trust Company accepted the trust and duly qualified on January 19, 1926, as executor. Practically the only estate left by the testator was about 20' acres of land near Owensboro. The executor advertised the land for…