TOMLINSON, Justice.
James Stooksbury died in February of 1949 leaving a will which provided this:
"Second, I nominate as my Executor, Ehjah Melton, and appoint him to act as the executor of my estate without bond. I direct my executor to sell all of my real and personal property, at public or private sale as he may think best, and after paying all of my just debts, I direct that he pay the balance in my estate to my children, share and share alike."
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