4. If the will is held to be good, it is contended that under the will the defendant as Legatee and devisee with power to convey, pay debts, and etc, has the legal title in fee. And if the language of the will vests the estate in the first-taker the property vests absolutely in Defendant.
8 Cowen 284.
16 Vesey 135.
2 Jarman on Wills Vol. 2, 149,151.
16 Johnson 539.
The Executor acting under the will, believing it to be good and valid by the request and agreement of the Legatees, the Legatees were able to appeal and [???] [???] to the construction which was given by Defendant, and should be held bound --
Solicitor for Debt
Compare the language in 2 sec Thomp Dig [???] 192 [???] sec 4 page 193 -- difference in the [???] [???] of [???] of Wills of chattels and that of real estate [???] laws