In Re Estate of Hewitt

OPINION OF THE COURT

FLAHERTY, Chief Justice.

When a testator devises a life interest in real estate to a beneficiary who is also the co-executrix of his will, with the remainder following the life estate to be paid outright to *488charities, may the executrix acting with the co-executor sell the fee interest in the real estate and be paid outright for the value of her life estate from the proceeds of the sale, or must the value of the life estate be placed in trust for the benefit of the charitable remaindermen?

Kenneth C. Hewitt was a retired senior vice-president of Mellon Bank’s trust…