Fahnestock's Estate
Fahnestock's Estate
Opinion of the Court
Opinion by
The answer to the question involved hangs upon the meaning of a part of the fifth clause of the will of R. E. Fahnestock. The testator by the terms of a certain deed of trust affecting real estate in West Virginia, held rights, which he regarded as interests in land, and treated as such in making his will. He knew, as the auditor finds, that the property was timber land and that measures were being taken by the trustees to make it yield dividends. In this knowledge he wrote his will by which he directs that all his real estate shall be sold by the executors, in five years from his death, save his “ interests in West Virginia, which they may have a period of ten years to dispose of in, or sell, whenever they deem it advantageous to my estate.” He then provides, “all the rents and incomes
The judgment is affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Will—Gift of income to wife—Timber and coal lands. Where a testator by his will gives his wife the rents and income of his real estate until the same is sold, and directs that all of his real estate shall be sold within a specified period of years, the wife is entitled to income arising from a portion of the lands by the sale of timber and leasing of coal rights until such portion is sold, it appearing that the testator knew that the only income which could be derived from such lands was from the sale of timber and coal rights.