Williams v. Williams

JUDGE ROBERTSON

delivered the opinion of the court :

This is an amicable petition for testing a power in a will. The testamentary power to sell the land, as now proposed to be sold, was undoubtedly given by the will of John Williams, deceased. The only question is to whom was it given ? The clause on that subject gives the power to the testator’s “ executors,” to be exercised only with the consent of his surviving wife. But, instead of appointing other persons executors, the testator, in a subsequent clause, appointed his wife executrix and sole representative to execute his will. The power was…