Frank v. Schmitt — 1 N.Y. St. Rep. 760

Majority

p. 760

LIZZIE FRANK v. KATHARINE SCHMITT.

Headnote

ExECUTOBS AND ADMINISTBATOBS—PoWEB OE SALE—WHEN EXEBCISE OP ONE WILL BE VALID.

Case submitted without action.

J. A, Grow, for plaintiff.

L). T. Robertson, for defendant.

We think that the executors had a power of sale under the provisions of the will,' and that the exercise of this power by one of the executors, under the circumstances disclosed, was valid. The plaintiff is, therefore, entitled to judgment.

Ordered accordingly.