Page:Federal Reporter, 1st Series, Volume 2.djvu/318

 IN EE CORSE. 311 �■of them, shall or may do by virtue of the foregoing consent and power." �The executors and the bankrupt executed under seal an agreement of the same date, March 3, 1866. It recites the provisions of the consent and agreement executed by Mrs. Corse. It also recites that said Henry Corse, Jr., had agreed to deliver to the executors a good and sufficient bond, with surety to indemnify and keep them harmless in the premises. �It then proceeds as foUows: "Now, this agreement wit- nesseth, that in pursuance of the consent and authorization af oresaid, of the said Nancy J. Corse, and in consideration of the covenant and agreement herein contained, on the part and behalf of the said party of the first part, (t. e., Henry Corse, Jr.,) the said parties of the second part, as executors, etc., agree to and with the said party of the first part that they will assign, transfer, set over and deliver unto him, by good and sufficient assignments in writing, ail the share or proportion of the estate of the said Samuel Knapp, deceased, to which his said wife now is or shall hereafter become entitled by virtue of the bequests and provisions contained in his said wUl, etc., in her behalf and for her benefit, upon the said party of the second part deliv- ering unto them the indemnity bond aforesaid. And the said party of the second part, in consideration of the agreement herein contained, on the part and behalf of the said parties of the first part, covenants and agrees to and with the said parties of the first part, as sueh executors, etc., that he will faithfuUy and in ail things carry eut and fulfil each and -every of the provisions of the said will in respect to the leg- aey therein bequeathed to his said wife, and ail the directions therein given with reference to the disposition of the same, and ail property which he shall take in right of his said wife, as a legatee under said will." �By a deed executed by the executors, and dated the seventh of March, 1866, and purporting to be executed under the power of sale given to them in the will, they conveyed to the bankrupt, for a price or consideration named of $10,000, a iarm belongiug to the estate of the testator at Glasco, in the c ounty of Ulster and state of New York. The conveyance waa ����