144 N.Y.S. 442 | N.Y. Sur. Ct. | 1913
Bridget Walsh, a domestic servant, died at a hospital leaving a hurried will prepared by an inexpert layman. The will, being entitled to probate, is now here for consideration. The estate consists of some $600 in cash and a lot in the Bronx valued at some $400 or $500, out of which the father of testatrix is to receive $200. The $600 in cash was bequeathed to Mary Moran and her children “for burial expenses.” Unless this inartificial will sufficiently designates an executor and there is an implied power of sale, the whole of the little property will be frittered away in an attempt to comply with the usually wholesome, but necessarily technical.and complicated, law relative to administration and the sale- of the real property in a judicial proceeding. This course will absolutely frustrate the intention
Settle decree accordingly.