Dowd v. Citizens National Bank & Trust Co.

Depuy, P. J.,

Plaintiff’s legal position in the case appears to be as follows:

1. There was no authority on the part of defendant bank as Belle Strickler’s executor to convey any estate other than an indefeasible fee simple estate, and such being the case, any attempt on the part of the executor to do otherwise created merely an illegal and void limitation upon the title, regardless of any other question involved.

2. Under the circumstances the title limitation contained in the Dowd deed must be construed in such a way as not to exceed the authority of the executor under its power of sale, and…