Page:United States Reports, Volume 2.djvu/299

 Hm; Coun- or Euons nm Ansar; egg mliey, andpolitire proeilion, of our law, meant to give ,7gg. ltappears, therefore, to me,tl¤t the judgment of the Su- preme Court mult be reverfed. Surm, gggfiee. I do not feel myfclf at liberty tojoin in the decilionof genenlqueltion, aslbaveaétedin the chamtler of ankxeeutor, ina manner rlmtmay be alletled by it. But I llrongly incline to the opinion of the Prelident, that a {ale by an Executor, under a powerro [ell for the payment of debts, isvalid; andthe purchalizrwill holdtbe lands difchar d from rbegeneul lien in favorofcreditoxs. The prefent oai howe- ver, is notof that defcription ; for, the Will c ly gives apow. ertofellfortbe paymentof legacies; and Inch a falemullbe void as to the eredntom. _ — Bmnu, Prjdmt gf lb: Pliludelplub Common Plea:. Ihave no doubt in tbiscafe. A falc by Executors, under a power to fellfor the pa ment of legacies, is not valid againlt creditors. If the power bad been to ell for the payment of debts, a bona fd: {ale would, in my opinion, be good agoinli creditors, and all the world. . Br ·mn Coeur: Let the judgment of the Supreme Coun be reverfed.

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