Miller v. Miller's Guardian

Opinion op the Court by

Judge Willis

-Reversing.

The ultimate question presented by this appeal is the power of an administrator with the will annexed to sell and convey the real estate devised by the will. It arises in this way: Andy Miller died testate in June, 1927, and Ms will was admitted to probate in December, 1929. He was survived by three children, one of whom was an infant. The will requested that the property be rented for two years, and the. rentals distributed among the three children as directed. It then required a sale of the property on terms of one-half down and the balance…