MATTER OF SMITH


9 A.D.2d 583 (1959)

In the Matter of the Construction of The Will of Arthur W. Smith, Deceased. Marion R. Smith, as Executor of Arthur W. Smith, Deceased, Appellant; Hamilton Lodge, No. 120, F. & A. M., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959


Testator in his will expressed the desire that certain real property be conveyed to a Masonic Lodge at fair market value less $3,000. One of the executors petitioned the Surrogate to construe the will. He did not ask that the will be construed as to whether the clause in the will was precatory or directory; but asked whether the $3,000 was to be deemed an absolute bequest to the lodge; whether the executors had an absolute power of sale of the property; and whether, if timely...

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