Ilari v. Ewing

Judge Helm

Affirming.

This is an appeal from a judgment of the Daviess Circuit Court which refused to set aside a deed from the trustees under the will of S. R. Ewing, and denied othe relief sought by the appellants. Appellants contend that: (1) The deed to the “river farm” executed by the trustees and executors must be set aside because by the terms of the will-they alone were not given power to sell; (2) assuming that the trustees had the power to sell, they were without authority to execute gas and oil leases on this property; and (3) the trustees did not act in good faith in their attempt…