In re the Construction of the Last Will & Testament of Beale

Slater, S.:

The last will and testament of Joseph Beale was admitted to probate April 16, 1900. The petitioners are two of his children and beneficiaries of trusts created in his will. Construction is sought of paragraph 2, which is as follows:

“ Second. I give and devise all my real and personal estate of what nature or kind soever, to my wife Emma Beale and my brother Dr. James M. Beale, my executors hereinafter appointed, in trust with power to sell and dispose of the same, at public or private sale, at such times and upon such terms, and in such manner as to them or the survivor of them…