Adams, Ex'r v. Dugan, Sheriff

This action was brought to enjoin the sale of land under execution. The trial court sustained demurrer to plaintiff’s petition. The petition alleged that plaintiff is the qualified and acting executor of the estate of Walter Barr Steedman, deceased, and is also the testamentary trustee of the real property under a trust thereof established by the will of such decedent. A copy of the will to which reference was made was attached to the petition. The same contained the following provisions:

“All the real property which I am possessed of at the time of my death, I bequeath and devise unto Mack B.…