Roach v. Roach

HILL, Judge.

This appeal is from a summary judgment under CR 56.01 dismissing appellants’ complaint demanding an interest in real estate and for an accounting by an executrix. We reverse the judgment.

Emily Roach, the grandmother of appellants and appellee, died testate in 1923. The material portion of her will provides:

“THIRD: The remainder of my estate I give equally between my 5 grandchildren, Lelia Kendall, Mary Barrickman, Garnett Roach, Coleman Roach and James Roach. * * * I leave it entirely to my administrator (sic) to sell my land as she thinks best. I appoint Mrs. Ella Harrod my…