DOUB v. HARPER

No. 741.

65 S.E.2d 309 (1951)

234 N.C. 14

DOUB et al. v. HARPER et al.

Supreme Court of North Carolina.

June 7, 1951.


Attorney(s) appearing for the Case

E. M. Whitman, Winston-Salem, for plaintiffs, appellants.

William S. Mitchell, Winston-Salem, for answering defendants, appellees.


ERVIN, Justice.

The appeal presents this single question for determination: Did Estelle G. Harper, Executrix of the Will of W. L. Harper, have testamentary authority on January 5, 1950, to sell the undivided one-third interest in the 190 acre tract to the plaintiff, Odell B. Doub?

These legal principles are pertinent to this inquiry:

1. A testator may confer on his executor by his will the power to sell his real property for any lawful purpose to which...

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