In re the Estate of Brooks

John D. Bennett, S.

This is a construction proceeding in which the court is requested to determine whether the will authorized the trustees to invest in nonlegals.

Paragraph “Twelfth” of the will grants to the trustees ‘1 all the powers now available to attorneys in fact under Sections 222 to 233 inclusive of the General Business Law of the State of New York.” Paragraph “ Thirteenth ”, by which the executors and trustees were appointed, repeats this same grant of authority in substantially the same language.

In his own way, the draftsman of this will, drawn in 1962, apparently foreshadowed the…