McCarty v. McCarty

This is a review upon certiorari of a judgment of the Appellate Court for the Third District which reversed a judgment of the circuit court of Scott county in a proceeding in forcible entry and detainer.

The questions of fact and law out of which the controversy arises are as follows: On October 29, 1929, Robert McCarty, late of Scott county, departed this life leaving a last will and testament. The only portion material to this litigation is the third clause, in the following words:

“Third — It is my will and I so direct that my executor hereinafter named sell all of my real estate within…