Carson v. Carson

GILLESPIE, Chief Justice,

for the Court.

This case involves the question whether under the particular terms of the will, the testamentary power of sale conferred upon two named executors survived the death of one of them.

Bennie Carson and three other devisees under the will of Sidney Bates Carson, deceased, filed suit in the Chancery Court of Lee County to set aside two deeds executed by Louis Carson, Executor of the last will of Sidney Bates Carson. After a hearing on the merits of the controversy, the chancellor upheld the validity of the deeds in question, and Bennie Carson and the three…