Testatrix, Anna Frolich, died on June 4, 1940, leaving a will probated in the Surrogate's Court, Union County, New Jersey, on August 3, 1945, which provides as follows:
"FOURTH: In connection with my real estate located at 417 Jefferson Avenue, Elizabeth, New Jersey, I give unto my daughter, Henrietta Frolich, the right to occupy said premises, with the understanding that all costs and charges incident to the upkeep and maintenance of said house during the time she occupies such shall be paid for by her, which will include taxes, water rents, repairs and insurance, with the further understanding that in the event my daughter, Henrietta Frolich, desires to rent the same, she is privileged to do so and the rental received from the persons occupying said premises shall be retained by her as her sole property subject to her however, paying all expenses to maintain the property such as taxes, water rents, repairs and insurance as required and any excess over and above such charges being paid to be her sole property and in the further event that my daughter, Henrietta Frolich, desires and elects to have the property sold at any time, that upon her election to sell said property and upon her requesting the said executor of this my will to take any and all action to consummate the sale of such property, I give to my said executor, for the purpose of facilitating the transaction, full power and authority to grant, bargain, sell and convey, and mortgage, if necessary, said premises to any person or persons in fee simple or otherwise, at public or private sale, at such time and times and upon such terms as he shall think fit, with the hope, however, that in exercising this power of sale, my executor will take every means within his power to obtain the best price possible and the final decision with reference to whether said property should be sold by the executor, to be exercised by Henrietta Frolich, whose judgment in the matter of such sale shall be conclusive; and the net proceeds of the sale of said property shall be paid by my executor to the following named persons in the percentages stated:
Two-tenths to my daughter, Theresa M. Tucker
One-tenth to my son, Charles A. Frolich
Three-tenths to my daughter, Henrietta Frolich
One-tenth to my son, Louis H. Frolich
Three-tenths to my son, William F. Frolich
In the event of the death of any one or more of the above mentioned children prior to the sale of the said property, in that event, I direct my executor to pay the share or shares that would have been payable to the deceased person or persons if living at the time of such sale to such of my children as hereinbefore mentioned who are still living at the time of such sale in equal shares.
FIFTH: I give, devise and bequeath to my daughter, Henrietta Frolich, all the rest, residue and remainder of my property, real, personal and mixed, of every kind and nature whatsoever."
Testatrix at the time of her death left her surviving the following children: Theresa M. Tucker, Charles A. Frolich, Henrietta Frolich, Louis H. Frolich, and William F. Frolich. The personal estate was distributed by the executor, William F. Frolich. Henrietta Frolich, as provided in the will, occupied the premises at 417 Jefferson Avenue, Elizabeth, New Jersey, and did not elect to have the premises sold prior to the time of William F. Frolich's death in 1949, nor at any time before her own death on February 21, 1951.
At the time of Henrietta Frolich's death in 1951, all but one of the children of Anna Frolich had died leaving issue surviving except ...