#### Frank P. Illman, defendant in error, v. Elza Kruse et al., plaintiffs in error.

Suit in chancery to enjoin the sale of land under a power contained in a will and to have the legal title and right to possession thereof declared to be in complainant. Decree for complainant. Appeal from the Circuit Court of Schuyler county; the Hon. Guy R. Williams, Judge, presiding. Heard in this court at the April term, 1921. Transferred to Supreme Court.

Opinion filed October 25, 1921.

Glass & Bottenberg, for plaintiff in error.

B. O. Willard, for defendant in error.

Mr. Justice Heard

delivered the opinion of the court.