Hill v. Van Sant

The bill of complaint presents two causes of action. One seeks construction of the will of Frederick Nelson Groscup, deceased, and the other partition of the real property of which he died seized. Testator's estate consists entirely of personal property, with the exception of the dwelling wherein he resided prior to his death.

The second cause of action falls if by a proper construction of the will the executors named therein have by implication the power to sell the real estate.

The pertinent parts of the will are:

"Seventh Also to the above, Henry P. Aliotti, I bequeath fifteen (15) shares of…