Leonard v. Hale's Admr.

*78Opinion op the Court by

Chief Justice Hobson

Affirming.

P. M. Hale died testate, a resident of Mercer County. His will was duly admitted to probate. J. W. Hughes, the executor named in the will, did not qualify, and W. J. Poteet qualified as administrator with the will annexed. As such he sold to J. M. Leonard, Jr., a tract of land belonging to the testator, and tendered Leonard a deed therefor, which he refused to accept on the ground that the administrator with the will annexed had no power to make a conveyance of the real estate. The circuit court held the deed good and entered a judgment…