15 N.Y.S. 586 | N.Y. Sup. Ct. | 1891
Isaac L. Blauvelt died in Rockland county in 1861, leaving a last will. The deceased left a widow and two daughters. By the will the widow was entitled to “the use of all my real and personal estate,” with full power of sale of the real estate “as tp her shall seem just.” After the widow’s death a life-estate in one-half of the estate was given to each of the daughters, with remainder to their children. The widow was one of the executors. She had no power to use any portion of the principal for her own purpose, but the entire estate was disposed of after her life-estate ceased. The widow has sold certain of the testator’s lands, and claims to be entitled to hold the proceeds as her own. The surrogate properly disallowed this. The meaning arid intent of the will is that the widow may sell the lands for the purposes of the will. She is to have the entire use of thó proceeds, but the same must go to the daughters and their children, as provided for in the will. The construction claimed by the widow is inconsistent with the scope and intent of the will, and a gift of a life-estate with power of sale and remainder'over after the life-estate of all the testator’s property is entirely con
