In re the Estate of Salmon

Botein, P. J. (dissenting).

The testator desired the property described in Paragraph Sixth of his will to go to his niece “to be distributed” by her in accordance with directions set forth in an extra-testamentary memorandum, or, in the absence of such directions, “to be distributed” by her “as she shall deem proper.” The niece’s answer asks for a declaration that the property passed to her “ absolutely ”; but that the testator so intended seems to me an unsupportable inference.

The testator allowed the niece no leeway at all with respect to property as to which he left directions. He could…