91 N.Y.S. 549 | N.Y. App. Div. | 1905
The question presented by this ap'peál is whether or not, under the terms of the '2d clause of the will of Garret Sarvent, the administrator with the will annexed .had power to sell the homestead plot. If he had such authority, the judgment must be. affirmed; otherwise, not.
The provisions of the clause under consideration did not involve the personal discretion of the executor, and hence our conclusion is that the administrator with the will annexed had authority, under the power of sale contained in the will, to make the sale of the homestead plot to the plaintiff, and that the judgment should, therefore, be affirmed.
Hiksohberg, P. J., Bartlett and Woodward, JJ., concurred.
Judgment affirmed, with costs.