In re Compel an Accounting in the Estate of Varet
Appellate Division of the Supreme Court of the State of New York
Appeal by Elvina L. Varet and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on the 27th day of January, 1917, settling the accounts in these proceedings.
1Dissent
Page, J. (dissenting):
I cannot accept the opinion of the majority, that as a matter of law, where a. will gives an executor power to .sell, *451it vests a discretion in the executor as to time, which cannot be restrained or limited by the testator. In my opinion such a rule violates two fundamental canons of construction of wills. First, that a person has the right by will to dispose of his estate in any way that he desires, qualified only that he shall not contravene some established rule of law or public policy. Second, that the intention of the testator, as expressed in the will, must be given…
2Cases cited12 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Nunez v. DautelSupreme Court of the United States · 1874
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- Van Rensselaer v. . Van RensselaerNew York Court of Appeals · 1889
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