Evans v. Smith

Opinion op the Court by

Stanley, Commissioner

Reversing.

The question is whether a sale of real estate should be conducted by the master commissioner of the court or the executor of a will.

Mrs. Blanche Polk Smith left an estate of approximately $73,000, consisting of cash and securities, a small amount of tangible personalty and a house and lot in Adairville, worth about $5,000. Her will reads: “It is my desire and wish that all my property, real and personal, be divided between” the heirs of her sister and brother as thereafter provided. One-half of -the estate, less $100, was bequeathed to her…