Opinion
December, 1929.
Decree of the Surrogate's Court of Westchester county reversed upon the law and the facts, without costs, and petition dismissed, without costs. There are no facts in this record which warrant the construction of paragraph 5th of the will as an imperative power of sale. Lazansky, P.J., Rich and Young, JJ., concur; Hagarty and Scudder, JJ., dissent and vote to affirm.