Hix v. Hix

Cook, Justice.

The appellant contends that the power of sale with reference to the “homeplace and farm,” included in Item Three of her husband’s will, vested in her a power to sell the property if within her discretion she determined that it was necessary for any reason, and that the court should not restrain the execution of this power unless an abuse of discretion, bad faith, or fraud was shown. It is conceded by the appellant that the evidence was sufficient to authorize the trial judge to find that there was no necessity for her to sell the property for her maintenance and support. The…