In re the Estate of Williams
Opinion
Lead Opinion
Sharpstein, J.
By the terms of the last will of Thomas H. Williams, all his property was devised to his executor, George E. Williams, in trust, for the payment of debts of the estate, and to distribute the remainder among various devisees.
In item 9 of the will, the testator declares: “That no confusion may arise in reference to title to any property *184 of my estate, I hereby desire that all the property of which I die the owner .... vest absolutely in my executor herein appointed, .... said executor to hold said property, and every part thereof, in trust for the uses and purposes in this will mentioned, and for the use and benefit of my children, as herein provided.
“ Item 10. To my executor herein appointed, I give and grant the following powers and authority: 1. To carry on all business in which I was engaged at the time of my death; 2. To borrow money for use of such business, or the benefit of my estate; 3. To bargain, sell, and convey any portion or part of the property of my estate, without any order of court or any other proceeding, and to execute all mortgages or conveyances necessary or deemed proper by him; 4. To sell and convey any part or parcel of property set aside for any one…