Parker v. Sparkman

FreesiaN, I.,

delivered the opinion of the court:

By agreement of parties on the trial of this canse in the court below, the only question presented in this case for our decision is, whether the will of Elijah Hill conferred the power on his executor, George Sparkman, to sell the lands in controversy. If so, the judgment of the circuit court is correct; if not, it must be reversed.

The first clause of said will provides for tbe payment of testator’s debts out of any moneys that he may be possessed of, or may first come to the hands of his executor.

The second clause is, “I give and bequeath to my…