In re the Judicial Settlement of the Final Account of Proceedings of Chase

Slater, S.

In this accounting proceeding construction is sought to ascertain the court’s views regarding whether or not an implied power of sale can be read into the will. The estate consists of personal property and real estate, valued at $25,000; the real estate being worth $6,000. There is no power of sale expressed in the will. The 3d paragraph of the will creates a trust of $6,000 for the benefit of a cousin of the testator’s deceased wife; and then all the rest, residue and remainder of the property, both real and personal, was devised and bequeathed to brothers and sisters. The testator…