In re Estate of Feeley

Appellant urges that the court found, against the evidence, that the executor was to be charged with seventeen and three-quarters acres of land, “a little more or less”; that the court finds, and “there is no dispute,” that Pagels bought the two-acre piece; that one acre was washed away without the fault of the executor; and that “there was no dispute” but the railroad purchased four and one-half acres. But the court found that Pagels bought the one-acre tract, “a little more or less,” and the executor swore: “I received one hundred and eighty dollars from Pagels for the one acre, sold by order of the court. ’ ’ Take from the twenty-three acres, of which deceased was seised at his death, the one acre sold to Pagels, the one acre washed away, and the four and one-quarter acres sold to the railroad company, and there would remain sixteen and three-quarters acres. The .specification of insufficiency of evidence in the statement, on motion for a new trial, is to the effect that the executor should not be charged with a greater quantity of land than sixteen and three-quarters acres; and the statement for new trial avers that there was evidence “showing” that there was left “in the…