Smith v. Olmstead

This is an action for the purpose of determining conflicting claims to real property.

The record shows that one Z. B. Smith, now deceased, in his lifetime made » last will, by which, after directing the payment of his debts, he, in terms, gave to his wife all of his property, with “ absolute power to sell any or all of said real and personal property, at public or private sale, with or without advertisement, and without application to any court, and without approval or authority of any court whatever.” In a subsequent clause the wife was also named as executrix of the will. She duly qualified…