Rafferty v. Clark

The Surrogate.

The testator in the first clause of his will provided as follows : “ It is my will, that all my just debts shall be paid as soon after my decease as may be consistent with the interests of my estate, provided, however, that my two lots in the city of Hew-York, &c., which are under mortgage, shall not be sold unless it be absolutely necessary; as the mortgage debts are sufficiently secured, and it will be for the advantage of my estate and those interested therein, that these incumbrances should be gradually liquidated by the rents accruing from the property.” The will then gave…