In re the Construction of the Will of Brandstein

William T. Collins, S.

The sale of the real property by the trustees is approved.

The fourth clause of the testator’s will is a remarkable example of ambiguity resulting from the repetitive employment of a limited legal vocabulary for the delineation of various and variant estates and relationships. This clause devised designated real property to trustees to hold for the use of the testator’s named distributees, their spouses and children. “ Use ” as a word of art is the ancient definition for every form of beneficial or equitable ownership and it has been said that “ There is no more…