Kesterke v. Van Wie

Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to plead over •within twenty days upon payment of the costs of this appeal. Memorandum: In this action for partition and sale of the real property devised in the will of Frances McIntyre, deceased, the plaintiff made decedent’s will a part of the complaint. The will empowered the executor to sell, lease or mortgage said real estate and, in his discretion, to hold it "until such time as a fair value can be obtained for it.” Having made the will a part of the…