In re the Estate of Fitzsimmons

Schulz, S.

This proceeding was brought under the provisions of section 2615 of the Code of Civil Procedure to obtain a determination as to the validity, construction and effect of an attempted disposition of property contained in paragraph numbered “ 3 ” of the last will and testament of the decedent, which is as follows:

“ 3. I hereby direct and empower my executor hereinafter named to sell and convey, at such time as he may deem proper, but not less than two years after my death, and at such price as he may deem adequate, the premises where I now reside, and known as 644 East 229th Street,…