Summary
In Matter of Lindemann (191 Misc. 285), the propounded instrument directed the decedent's husband to pay all her debts and funeral expenses and conferred upon him a power of sale for the purpose of carrying out the provisions of the will.
Summary of this case from Matter of TuthillOpinion
November 12, 1947.
Sigismund J. Trapani for petitioner.
Paragraph "First" of the propounded instrument directs decedent's husband, the sole legatee, to pay all her debts and funeral expenses. Paragraph "Third" confers a power of sale upon the husband for the purpose of carrying out the provisions of the will. Although he is not expressly appointed executor, the implication is clear that decedent intended him to act in that capacity. Petitioner is accordingly an executor by the tenor of the will. The proof satisfies me that the propounded instrument was duly executed as a will at a time when decedent was competent and free from restraint. Submit decree, accordingly, admitting will to probate.