Simons' v. Simons

Opinion of the Court by

Hobson, Commissioner

Reversing in part and affirming in part.

Lum Simons owned a large body of land in Louisville. He was much in debt, and had executed a mortgage to a trust company to secure a debt of $18,891. Suit was brought to enforce this mortgage on November 16, 1920. He died in 1922. After his death the land was pnt up for sale, and there were no bidders. He left a will by which he devised everything to his wife, Lucy Simons. She qualified as the executrix of the will and had the land cut up into lots, and by agreement it was. ordered that all the lots be sold,…