Harvey is executor for L. M. Bentley, dec. At the time of his death, L.M Bentley was beneficiary of a deed of trust on a tract of land in Lawrence County. The deed of trust was executed to secure payment of a certain note executed by Catherine Bunch to LM Bentley dec. for $188.28 with interest of 10% per annum until paid. Harvey claims that as trustee, he is empowered to sell the tract of land should the note fall due and not be fully paid.