Supreme Court of New Jersey March 15, 1883 (Denton v. Clark)

*536The opinion of the court was delivered by

Beasley, C. J.

The first justification attempted by the appellant of his refusal to complete his contract to purchase the lands in controversy, is that the testamentary power, given to the executors by the will in question, had failed when the sale was made, because the purpose for which it had been given did not arise.