In re the Probate of the Will of Iommi

Boylan, S.

In this probate proceeding the proponent has requested the court to construe the fourth paragraph of the will, so as to determine whether or not she is authorized to act as executrix. It reads as follows: “ Fourth, I leave my beloved wife, Vincenza Iommi, all my property, real and personal, and giving her the power of attorney.”

A person may be entitled to serve as executor even though the will does not formally name him to act in that capacity. (Matter of Buchan, 16 Misc. 204.) A direction in the will that the public administrator shall sell all real and personal estate is an…