In re the Estate Arns

O’Brien, S.

This is an application for a construction of the will of the testatrix as to whether or not a power of sale conferred upon the executors by the eighth paragraph thereof is an imperative power of sale or simply discretionary. This paragraph of the will reads as follows:

“ Eighth. I nominate, constitute and appoint my son, Charles William Arns and Adam Wiener, Counsellor-at-law, executors of this my last will and testament, giving them full and absolute powers as such, including the power to sell, lease, mortgage, or otherwise dispose of any or all of my estate, as they see fit.”

At…