A Treatise On Express Trusts And Powers : Under the New York Revised Statutes And the Real Property Law of 1896, With An Appendix Containing a Table Showing the Sources of the Sections Cited, And a Table of Comparative Texts of the Revised Statutes And Th

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Cary, 11 IST. Y. 397 (400-401) ; Ki^sam v.
Die/rhes, 49 N". Y. 602. And it is still true, under the new stat- ute, that the death of a sole third person, or of all of the third persons, whose consent is required, renders it impossible to exe- cute the power. On these points the facts in House v. Raymond, 3 Hun, 44, were peculiar. There testator appointed his wife executrix and two others executors, and gave to " my executors" power to sell " whenever they and my wife shall unanimously think tha
...t such sale will be advantageous," etc. It was held that after the death of the wife the executors could exercise the power. If the wife was mentioned not as wife, but as executrix, so that testator's meaning was that the power should be exercised " whenever my executors and executrix shall unanimously think," etc., then the case would not present any illustration of the re- CONSENT OF THIRD PERSON. 531 qnirement of a consent by a third person, and would fall within the statute authorizing sales by surviving executors.

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