I. No decree in favor of complainant was practicable.
There was by the will of the elder Pomeroy no devise to the executors. By the filling of the $100,000 fund, the power of Mills, surviving executor, was exhausted. He could not thereafter sell the unsold real property. Neither by the cable messages nor by the agreement of April 13, 1887, was the attempt made to authorize him to sell.
If then, the realty is to be converted into personalty, it must be done...
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