Fithian v. Fithian

The specific inquiry herein is whether the power of sale contained in the will of Powell G. Fithian, deceased, is to be understood as vesting in his widow absolute ownership of his real and personal property.

The second clause of testator's will provides:

"If, at the time of my death my beloved wife Julia M. Fithian be living then, I give bequeath and devise unto her all my estate, real, personal and mixed, whatsoever and wheresoever, giving her power to sell, or retain any, or all of my said estate either at public or private sale, and upon such terms as she may deem wise and to give good and…