Roberts v. Phillips

John W. Smith died in the year 1921 leaving a last will and -testament, but "named no executor. On May 1, 1922, J. W. Baker, a son-in-law of the deceased, applied to the court to have the will admitted to proof and to probate and to be appointed dative executor thereof, which was done by order of the court on July 31, 1922.

Baker qualified by giving bond and taking the oath.

On February 24, 1923, upon the application of the executor, the court ordered all the property belonging to said succession sold by A. H. Phillips, sheriff, to pay debts.

Along with other property of the succession, the…