Kent v. Shepard

Gaynor, J. (concurring):

I concur. The power of sale in.the fifth clause is not to the executors, but to two trustees, and it did not survive the death of the one who died, for the trust was terminated by that fact by the express words of the will. A new trust then came into effect under the eighth clause, and there is now no power of sale except thereunder, 'the executors having been given no power of sale.

Judgment for defendant on submission of controversy, without costs.