Mahoney v. McBirney

Plaintiff in error, defendant below, appeals from a judgment in favor of the plaintiff foreclosing a mortgage on real estate. The trial was had to a jury, and at the conclusion of defendant’s evidence the court sustained a demurrer thereto interposed by the plaintiff. Substantially the facts are as follows:

Andrew W. Mahoney died in 1921, leaving- a will naming the Exchange Trust Company, of Tulsa, executor. The trust company was also named as trustee of certain real and personal property of the testator ■for the benefit of minor children of tibe deceased. Under the provisions of the will rhe…