Keplinger v. Maccubbin

This appeal is from the refusal of the Circuit Court to rescind its order of the 21st of October, 1.880, authorizing and directing Thomas C. Maccubbin, to execute the power of sale contained in the will of Wolfgang Etch*207berger. The important, and practical question in the case is whether, under a sale made by Maccubbin in pursuance of this order, the purchaser would take a good title; and this depends mainly upon the construction and effect of the will, and the order of the equity Court of ^November, 1858.

Etchherger died in May, 1828, and, by his will he first gave to his two daughters, Mary…