32 FEDERAL REPORTER.
Under a decree of sale in this cause the marshal was ordered to sell
at public auction the interest of the bankrupts in certain real estate
and leasehold property in Memphis, the terms of sale being one-third
cash, the balance in equal payments, on a credit of six and twelve
‘ months. Among other property was a tract known as the east 100
feet of lot 4, in block 50, South Memphis, 75 feet deep. At the mar-
shal’s sale Robert R. Church becameithe purchaser of this land at a
bid of $260, but under the advice of counsel, who examined the title V
to this land for him, Church declined to comply with the terms of his
purchase for an alleged defect in the chain of title, and his action
was reported to the court.
Cn April 10, 1882, an order of reference was made to the master
in chancery of this court to investigate this title, and make report
whether said purchaser ought to comply with his bid.
On May 26th John B. Clough, Esq., the master, filed his report
V ' in the case, the material portion of which is as follows:
“Ilind and report that the said purchaser declines to comply with the terms
. of his purchase foran alleged defect of Mrs. Margaret Holst’s title to the said
land. This defect, as claimed before me, arises under the will of<Narcissa
Brooks, under which Mrs. Holst’s immediate grantor, Mrs. Amelia E.`Rogers,
derived title; and it is admitted that if, under the said will, Mrs. Rogers took
a fee-simple title, Mrs. Holst took the same under her deed from Mrs. Rogers,
' dated September 23, 1868. * * * It is further admitted on this reference
that the said purchaser, Robert R. Church, is desirous to comply with his bid
made for this land at the marshals sale herein, provided he obtains a good
title in fee-simple to the same, and that his refusal to comply therewith is made
solely on account of the supposed defect of title.
*· The devise to the said Amelia Rogers in the said will is in these words:
·I bequeath to my daughter, l·1melia,[the said land,] jbr her and her childrens
sole and separate use,f·rce from any claim or control of her hushandf By
anoth_er.and.tl1e· following clause of said will the testatrix devises other
and adjoining, land to the above devises and anotherdaughter by this lan-
guage: ·l also bequeath the residue of my lot * * * tomy twodaughtsrs,
¤Amelia·Rogers and Ellen Hoist, and their cliildrengforever, for their sole and
, separate use, free from any controlyof their husbands; and in case of the
demise of one oreither of my daughters without children, then the portion
` inherited by her is to revert to the other and her children, retaining all the
brig-{nal ‘conditions`.’ These are the only; bequests made by thewill, and
William Rogers, the husband of Amelia, was named executor. The will was
made and executed May 3, 1865, and was..5led in the probate court May 5,
1868, the testatrix having died in the-preceding April. ·
_ ,g= Anne date of Mrs. Brooks?. death,.Ame1ia·E. Rogers and ber husband,
A William, were both living, and had at that time six daughters living, all mi-
nors, the eldest being some sixteen years of age and the youngest only one or
two years old. Subsequently a son was born, who died in infancy. ·The