Opinion
October, 1918.
The provisions in Mrs. Eliza Blauvelt's will directing her executors to let her real estate, and from the rents to pay in their discretion certain claims against the estate of her husband, N. Lansing Blauvelt, did not vest title in the executors so as to prevent the devisees from bringing this partition suit. No defect of parties defendant appears. The interlocutory judgment overruling defendants' demurrer is, therefore, affirmed, with costs. Jenks, P.J., Thomas, Mills, Putnam and Kelly, JJ., concurred.