Trustees of the Peninsula Annual Conference of the Methodist Church, Inc. v. New York East Annual Conference

Seitz, Chancellor:

Plaintiff, Trustees of the Peninsula Annual Conference of the Methodist Church, Inc., brought this action against the New York East Annual Conference (“defendant”), an alternative legatee, seeking instructions concerning certain provisions of the will of Charlotte Jones Caswell (“testatrix”). Plaintiff claims that under the will of the testatrix it is the outright devisee of certain real estate but, in attempting to sell it, has been met with purchaser’s contention that its title is unmarketable because of uncertainty in the language of the will.

The court inquired as to why…