EUBANKS v. DARNELL

23458.

222 Ga. 177 (1966)

149 S.E.2d 322

EUBANKS et al. v. DARNELL et al.

Supreme Court of Georgia.

Decided May 26, 1966.


Attorney(s) appearing for the Case

W. Hays Pickett, Sidney T. Schell, for appellants.

Thomas A. Roach, for appellees.


COOK, Justice.

1. Item 10 of the will of the testator authorized the executor to sell the property involved in the present litigation, if a division could not be made satisfactory to all of the heirs. The petition does not allege that the property was capable of being divided in kind and that all of the heirs desired such a division.

2. The will authorized the executor to "sell such real estate at either public or...

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