Gilman v. Gilman

Headnote

Discretionary power in executors — must be exercised by magority.

Where a discretionary power is given to executors to withhold payments to certain children of the testator, it must be exercised by a majority of the executqrs.

Appeal from an order of the surrogate of the county of New York, directing the payment of $25,000 to the respondent, as part of his residuary interest in the estate of the testator. The payment was opposed by one of the then executors: 1st. Because she thought it desirable that the payment should be deferred, the testator having given a discretionary power to his executors to withhold payment from his children, for a suitable period beyond the age of twenty-five years; 2d. That the amount would, with what the respondent had already received, exceed what- had been paid to the other legatees, which was denied by the respondent. The court modified the order by reducing the amount to $17,000.