Walton's v. Franks

Opinion op the Court by

Judge Quin

Reversing.

Missouri Walton died in August, 1915. At the time of her death she owned a tract of 380 acres of land in Boone county. Under the provisions of her will the appellant, as 'executor, was authorized and empowered to sell ancl dispose of said property. He made endeavors to sell this property in 1916, without success. In February, 1917, one McMillen received information that the farm could be bought for $10,000 and on the 12th of February, in a conversation with appellee Fortbcutt, th©‘ latter stated he would give $10,000 for the property and requested…