Wilmington Trust Co. v. Pryor

The Chancellor :

The complainants, as trustees, seek to compel the defendant to comply with his contract to purchase certain real estate in the City of Wilmington. The question raised by the demurrer is whether “a good and marketable, fee simple title” can be conveyed by the complainants in accordance with their contract.

Rebecca T. Canby, late of the City of Wilmington, bequeathed and devised the residue of her estate to the Wilmington Trust Company and Tilghman Johnston, the complainants, in trust. She expressly authorized them

“ * * * To grant, bargain, sell and dispose of all, or any part of…