McCulloch v. Sanders' Exr.

Opinion by

Judge Lewis :

The question as to the power of the executor of the will of Luther Howard, deceased, to sell the eight acres of land mentioned therein, which is the only one in the case, arises on the general demurrer of the purchaser of the property to the petition filed against him by die executor to compel a specific performance of the contract of sale.

The leading idea in the mind of the testator as shown in the second, third and fourth clauses of the will was the payment of his debts, and especially one which he owed to his daughter, Mrs. Sanders, and no other way is suggested or…