.MzYwNDQ.MTI3MjYy

From Transcribe Wiki
Jump to navigation Jump to search

in existence. The power to sell sooner than the majority of the youngest child, if practicable, or the Executor may think proper, is a power that may be exercised at once; and a sale could be made immediately after the death of the testatrix. What is there in the will to give the period of distribution, if this direction in regard to the sale of the land is to affect the construction of the will or determine its beneficiaries? Is it when the youngest child arrives at lawful age, if the Executor should postpone the sale until then; or is it when a sale was practicable; or whenever the Executor might think proper to sell it? There is no direction in the will fixing the period of distribution different from the period fixed by the general rule of construction so clearly laid down above, except what may be inferred from the sale of the land, and this is made to depend wholly on the exercise of the authority conferred on the Executor. If the period of distribution then is to be fixed by the time of the sale of the land, and all the children born before that period are to share in the devise, then the beneficiaries of the testatrix would not be numbered or fixed by her, but at the caprice or will