Porterfield v. Porterfield

This case involves the construction of certain clauses of the last will and testament of , Helen O. Porterfield, of Berkeley County, West Virginia. There is a single question presented by the record, and that is, whether Joseph L. Porterfield, the executor named in the will, had authority to make sale of the real estate devised in trust, by the fourth clause of the will, under the provisions of sec. 282, Art. 93 of the Code. It is admitted that the will confers no express power of sale, but the appellees contend that the power arises by necessary implication of law. By the second clause of…