pal for the sake of a greater income by enlarging the class of investments which his trustees may make. They may continue his old investments if they will best subserve this controlling purpose. They may make such new investments as will conduce to this main end. Whether the investments shall be in real estate or shall consist of securities is immaterial. It is somewhat significant that the testator directs his trustees to hold his residuary estate, a portion of which consisted of real property, and to collect the rents, issues, and profits thereof; and they are further directed to preserve such investments and securities as he shall leave standing in his name so long as they deem prudent. The word “investments” is doubtless used in its broadest sense, embracing all kinds of property in which his wealth might be invested, either originally or by subsequent change. It is true that when the period for distribution arrives he directs that the capital of his residuary estate shall be divided. But this does not necessarily mean a division of the estate as personal property. “The words ‘divide equally’ are alike applicable to real and personal property, and may very appropriately be used in reference to both.” Hobson v. Hale, 95 N. Y. 596-602. Jarman says that the inference in favor of conversion “is not necessarily to be drawn from a trust to divide into several shares, even though the trustees have an express power of sale.” 2 Wills, 177. We are clearly of the opinion that the main scheme of the testator was such investment of the corpus of his residuary estate as would result in the largest income, and that the power of sale was merely ancillary to that purpose. The trustees were given power to sell in furtherance of that scheme, and they were vested with a discretion, not only as to the time and terms of sale, but as to the fact of sale itself, in order that this prominent feature of the will might be fully carried into effect. To hold that he had directed a sale of all his real estate, and thus placed the matter beyond the control of the trustees, would conflict with the dominent purpose of the will that any investment, whether consisting of real or personal property, which was more profitable than any other investment that could be made, should stand as to all the property the trustees found in that form when the trust devolved upon them.
