In re the Estate of Narwood
New York Surrogate's Court
1Opinion of the Court
Wingate, S.
The sole point in controversy respecting the proper construction of the will in this case is as to whether the provisions of its eighth item constitute a valid trust or vest in the named *200trustees merely a power in trust. The testamentary directions imposed upon the trustees an absolute duty of sale of decedent’s realty, the time and manner of execution alone being left to their discretion. When the sale should be accomplished the proceeds are directed to be divided in equal shares among the four children of the decedent, or in the event that any of them shall then be dead, one-half…
2Cases cited4 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Wood v. . BrownNew York Court of Appeals · 1866
- In re the Estate of LeahyNew York Surrogate's Court · 1922
- In re Chapter 52 of the Laws of 1909 & Acts Supplemental & Amendatory thereof for the Sale of Real Property Devised by & Under the Last Will & Testament of CallahanNew York Supreme Court · 1916
3Cited by3 opinions
- In re the Estate of BeckmannNew York Surrogate's Court · 1936
- In re the Construction of the Will of RichterNew York Surrogate's Court · 1958
- In re the Estate of CallisterNew York Surrogate's Court · 1935