In re Frech

Headnote

Decedent’s estate — trustees — appointment of successor trustees to sell real estate after death of life beneficiary properly denied.

Matter of Frech, 220 App. Div. 126 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1927, which reversed a decree of the New York County Surrogate’s Court in so far as it appointed successor trustees under the will of John J. Frech, deceased, to sell real estate and pay over the proceeds. The respondent herein objected to the appointment of successor trustees on the ground that the will provided for a sale only by the original trustee and that the corpus of the estate was in the remaindermen subject only to the interest of the life beneficiary who had died, and hence no necessity or authority existed for the appointment of successor trustees.