In re the Construction of the Will of Mallouk

McGarey, S.

In this proceeding construction is sought of subdivision “ d ” of paragraph “ Fifth ” of testatrix’ will to determine whether the provisions thereof create an unlawful suspension of the power of alienation by providing for a trust which may continue for more than two lives in being at the time of the death of the testatrix.

This court believes and holds that the provisions of that paragraph violate the statute dealing with suspension of the power of alienation and therefore the trust is invalid and in the absence of any effective compromise under section 19 of the Decedent Estate…