Page:Federal Reporter, 1st Series, Volume 2.djvu/319

 313 FEDERAL KBPOETEE. �in fee, with special covenants against encumbrances. It was not acknowledged till November, 1866, nor recorcled till Jaii- uary, 1867. It is assumed in his argument by tiie contest- ant's counsel that this deed, though apparently a sale by the executors under their power of sale, was merely the means of transferring to Mr. Corse a part of liis wife's share of the property pursaant to the agreement. The bond of indemnity dated March 3, 1866, recites that Nancy J. Corse had exe- cuted a consent in writing, and thereby directed, authorized and empowered the executors and trustees to assign, transfer and set over unto the above bounden Henry Corse, Jr., ail the share, etc., of the estate to which she is now or shail hereafter become entitled as such legatee, etc. It also recites that the executors have, "in pursuance of such consent and authority, entered into an agreement with said Henry Corse, Jr., so to assign, transfer and set over unto him the share, etc., of said estate to which she is or will hereafter become entitled as such legatee," etc. The condition of the bond was that said Henry Corse, Jr., "shall, in ail respects, carry out and fulfil the provisions and directions of the said will aa to the legacy therein bequeathed, and the provisions therein contained, to and for the benefit of the said Nancy J. Corse ; " and, also, indemnify and save harmless the said executors from ail claims of Mrs. Corse, her heirs, or next of kin, on account of said transfer, or on account of her said share of the estate. �The property at Glasco consisted of a farm and brick- yards. The house on the premises was dilapidated and out of repair, and the brick-yards were in similar condition. Besides this property, and soon after its transfer to him, the executer also transferred to Mr. Corse bonds and mortgages and notes belonging to the estate as part of her share. Mrs. Corse was also entitled to certain property which came from her motlier's father, and which was paid over to Mr. Corse in the year 1867, amounting to $8,858. Soon after the property at Glasco was conveyed to Mr. Corse lie began to make improvements on it. He built a new house and rebuilt the brick-yards. He went there to live with his family, and weut ����