THE question, in this case, arose upon a devise, that after the death of the Testator's wife, certain lands should be sold, and the money divided among children; but the Will did not declare by whom the sale should be made. The land was sold, however, by the survivor of two Executors; and it was submitted for the opinion of the Court, whether that sale was good, the plaintiff's Counsel citing the following authorities in support of it: Dyer. 371. Hard. 419. 1 Ch. Ca. 179. 2 Leon. 220. Shep, 449. Sir. T. Jones 25. Savil. 72. 3 P. Wms. 92. 1 Atk. 420.
BY THE COURT: — It is a plain case. Let judgment be entered for the plaintiff.