Dunn v. Haley's Trustees Etc.

Opinion op the Court by

Judge Siler

Affirming in part, reversing in part.

These two cases involve the same basic question and are consolidated for consideration and decision on this appeal.

The original action was filed by trustees under the will of C. M. Haley seeking the court’s declaration of rights under the will, in particular the right of the trustees to sell.and convey real estate left by the testator. The trial court construed the will as an instrument that gave power to the trustees to sell and convey testator’s real estate, and from a judgment declaring the rights accordingly, this…