Foersch v. Schmitt

The testator, Michael Schmitt, devised and bequeathed all his property to his executors, “ In trust to sell and dispose of all or any part thereof either at public or private sale, and upon such terms and at such times as to them may seem to the best interests of my estate and after converting the same into cash to pay over the same as follows.” A number of legacies are then provided, for, and a further direction is made that the executors divide the remainder of the estate equally between the testator’s nephews and nieces living at the time of his decease.

Certain rents having come into the…