In Re Estate of Green

The parents of Herschel and Oscar Green — James A. and Martha Green— executed their wills in 1934. Each of their wills gave the other a residual estate for life with a right to dispose of the property which was qualified by the condition that the approval of Herschel Green, who was named as executor and trustee in each will, was a prerequisite to any sale or mortgage of real estate. Each will provided that whatever remained on the death of the life tenant was to become the res of a trust, the income to be paid at the discretion of the trustee, Herschel, to Herschel and Oscar for life with…