In re the Judicial Settlement of the Account of Weed

Ostrander, S.

Deceased devised certain real estate for life to his widow with remainder to his six children, equally. He gave his executors “ full power and authority to sell and dispose of any and all of my real property as to them may seem best.” The executors were not trustees and the above power is a naked power of sale. The executors acting under this *448power sold a farm to one of the children for $5,000 and have brought the proceeds into court for distribution. Contestant, Mrs. Witbeck, one of the residuary devisees, objects to the price received, alleging that the executors violated their…