Nelson v. Atkins

The probate court of Dallas county, on the petition of appellee, devisee under the last will and testament of W. R. Nelson, deceased, ordered the sale of land, a part of the estate of deceased, for division among the parties. All parties claimed as devisees under the will. Defendant; appellant Hugh Nelson, pleaded and the will in evidence proved that testator had provided that “said executors [named in the will], or either in the event only one shall qualify, shall have authority and power to sell any of my estate, real, personal, or mixed, for division and distribution;” that the will had…