In re the Construction of the Will of Weinstein

Rubenstein, S.

The executors ask for a construction of only one provision of the will, paragraph “ Ninth ”, claiming that under section 11 of the Personal Property Law this paragraph unlawfully suspends the power of alienation. The provision *345attacked reads: ‘‘ In the liquidation of my estate, it is my wish and I so direct that my Executors do not sell or dispose of the shares of stock owned by me in (certain named corporations) as long as the businesses conducted by the said corporations are not losing money.”

The executors pray that the court declare this provision wholly invalid so that they…