Lang v. Ropke
The Superior Court of New York City
John Lang, of the city of New York, died on the 17th of March, 1836, having made and executed his will, dated 9th February, 1824, whereby, after bequeathing certain legacies to his wife and his mother-in-law, Mrs. Ustick, he disposed of the residue of his estate as follows : Item.—All the rest, residue and remainder of my estate, both real and personal, whatsoever and wheresoever situate, lying and being, I give, devise, and bequeath unto my beloved children, Hannah Gamble…
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John Lang, of the city of New York, died on the 17th of March, 1836, having made and executed his will, dated 9th February, 1824, whereby, after bequeathing certain legacies to his wife and his mother-in-law, Mrs. Ustick, he disposed of the residue of his estate as follows : Item.—All the rest, residue and remainder of my estate, both real and personal, whatsoever and wheresoever situate, lying and being, I give, devise, and bequeath unto my beloved children, Hannah Gamble (wife of John M. Gamble of the United States Navy), Robert Ustick Lang, Mary Lang, John Lang, Jr., Sarah Lang,' Charles…
1Opinion of the Court
By the Court.
Duer, J.
It may be admitted that the necessary effect of the trust, which this will creates in relation to the rents and profits, was to suspend, during its continuance, the absolute power of alienation, but as the trust was to last no longer than until the youngest child of the testator should attain the age of twenty-one years, the suspense, which it involved, was far within the limits which the statute allows. A devise to trustees to receive and apply the rents and profits, during a minority, is not an absolute term of years, corresponding with the possible duration of the…
2Cases cited3 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- People v. BadgleyNew York Supreme Court · 1836
- Irving v. De KayNew York Court of Chancery · 1842
3Cited by22 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Pray v. . HegemanNew York Court of Appeals · 1883
- Oxley v. . LaneNew York Court of Appeals · 1866
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