In re the Construction of the Will of Wuppermann

Frankenthaler, S.

The necessity for a construction of the will arises from an apparent conflict between two paragraphs thereof concerning management powers of the trustee. The precise question is whether the trustee has the power to sell specific securities given in trust.

In article three of the will, testatrix bequeathed to her daughter, as trustee, 3,000 shares of common stock of the AngosturaWuppermann Corporation “ to invest and reinvest the same and to apply or pay over the net income ” to her three granddaughters equally and “ to pay over and transfer absolutely to each of said…