Estates of Decedents—Confirmation of Sale under Power in Will—Appeal-able Obdeb. —An order of the probate court confirming a sale of real property belonging to an estate made under a power of sale contained in the will of the' decedent, and directing a conveyance to be made to the purchaser, is an appeal-able order.

Id. — Objections by Purchaser to Confirmation of Sale—Appeal—“Party Aggrieved.”—A purchaser of property of an estate at a sale thereof by the executor, made under a power of sale in the will of the decedent, has a right to file objections to a confirmation of the sale by the probate court, and is a party “aggrieved” by an order of the court confirming the sale and directing the making of a conveyance, and is entitled to appeal from such order.

Id. —Construction of Will—Power of Sale by Exeoutob. —A will which gives, in the first clause thereof, to the aunts of the testator certain real property described therein, and which gives to them in the succeeding clause “all real property which I hold jointly with them,” and directs in the same clause that in the event of the death of either of them prior to his own, “all property of whatever nature herein bequeathed to them shall revert to and vest in the survivor, her heirs, and assigns forever”; and that in the event of the death of both of them prior to his own, “ the aforesaid property otherwise bequeathed to them shall be sold at public auction,” and the proceeds divided equally among certain orphan asylums, and in another clause gives them a residuary bequest of all the remainder of his property, “subject to the reversion before stated,” authorizes the executor upon the death of both of the aunts prior to that of the testator to sell “ all property of whatever nature” which would have been taken by the aunts in case they or either of them had survived him, and does not limit the sale to the property specified therein as that “ which I hold jointly with them,” and a sale of the property described in the first clause of the will by the executor is within the power granted.

Id.—Meaning of “Heeein.”—“Herein,” as used in legal phraseology, is a locative adverb, and may refer to a section, or to the entire instrument in which it is used, and its meaning and application are to he determined by the context.

Id.,—Meaning of “Aforesaid.”—There is no rule of construction which limits the application of the term “aforesaid” to that which immediately precedes it; nor is there any rule, where there is nothing in the nature of the case, or in the subject to which it refers to indicate the contrary, which would justify passing over an intervening general designation of property to which the term “aforesaid” refers, to limit its application to a special designation of particular property in a previous portion of the clause.

Id. —Effect of Petition by Executor for Construction of Will — Power of Sale not Determned —Eights of Purchaser—Confirmation of Sale.— The act of the executor of such will in petitioning the court for the construction of certain clauses therein, after the probate of the will and before the sale of the property, and to determine how the estate should be distributed, and what property should be sold to pay the bequests to the different orphan asylums, upon which the court refused to pass upon the question as to the power of the executor to sell the property, upon the ground that the proper time for acting thereon would he upon an application for distribution, and limited its judgment to matters other than those affecting the land sold by the executor, does not render the title to the lands sold by him under the will so uncertain as to absolve the purchaser from taking the same, or render it necessary for the court to refuse to confirm the sale.

Id. — Excessive Bequest fob Charitable Purposes — Validity of Power of Sale.—The fact that the testator’s bequest to charitable purposes is in excess of one third of his estate does not render a power of sale in the will invalid. A power of sale conferred by will does not depend for the validity of its execution upon a valid disposition of the proceeds of the sale, but depends merely upon the will of the testator, and may be conferred without any limitation.

Id. —Sale by Executor under Power—Duty of Purchaser—Objections to Confirmation. —A purchaser of property from an executor at a sale, under a power in the will, deals with him in making the purchase as he would with any other vendor, and it is incumbent upon such purchaser to examine the title for himself and point out any objections he may have to the title tendered him by the executor; and he cannot treat such sale as a judicial sale of property under the order of the court, and object to confirmation there by reason of facts impairing or defeating the title.

Id. —Marriage of Testator—Community Property—Pretermitted Children — Objections of Purchaser.—Objections cannot be urged by a purchaser of property from an executor at a sale, under a power in the will, to a confirmation of the sale, on the ground that the executor did not furnish proof as to whether the testator was married or not, and if so whether the property offered for sale was community property, and whether the testator left children surviving him whom he did not mention in the will, as such questions are questions of fact to be determined by the purchaser, and must be pointed out by him as objections to the purchase.