In Re the Accounting of Satterwhite

Pound, Ch. J.

The question is whether taxes and carrying charges on unproductive real estate should be paid by the life tenant or apportioned to capital. This not unusual dispute between those entitled to the principal and those entitled to the income of a trust estate has been before us recently in Matter of Jackson (258 N. Y. 281). We there held on the authority of Lawrence v. Littlefield (215 N. Y. 561) and other cases cited that if the language of the will indicates an intention of the testator to constitute an imperative power of sale and an equitable conversion of the real estate into…