Sweeney's Ex'r v. Anderson

Opinion op the Court by

Chief Justice Sims

Affirming.

This is a declaratory judgment action brought by the devisees under the will of Mrs. Lizzie It. Sweeney against her executor, J. E. Brown, wherein the court is asked to construe the will, to declare the rights of the parties and to determine whether or not the executor has implied power under the will to sell and convey the real estate of his decedent.

All three of the beneficiaries, one of whom is an infant suing by his next friend, want the real estate sold and the proceeds divided. The executor, being in doubt as to his authority to sell…