Epstein v. Werbelovsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham. Werbelovsky and others, individually anchas executors and trustees, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants,-entered in the office of the clerk of the county of Kings on the 31st day of October, 1919, upon the decision of the court, rendered after a trial at the Kings County Special Term, in which it was held that excepting directions to pay debts and legacies, the…
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Appeal by the defendants, Abraham. Werbelovsky and others, individually anchas executors and trustees, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants,-entered in the office of the clerk of the county of Kings on the 31st day of October, 1919, upon the decision of the court, rendered after a trial at the Kings County Special Term, in which it was held that excepting directions to pay debts and legacies, the deceased had died intestate. The will had before been admitted to probate after a contest. (Epstein v. Werbelovsky, 167 App.…
1Opinion of the Court
Putnam, J.:
The main purpose of this trust was to secure to these two minors the income of this property. The difficulty arises “ when the younger of my said two children shall have reached the age of twenty-one.” Then the trustees are to sell the two properties in fee to the three brothers named. The ninety days’ option was regarded as constituting the violation of the rule against perpetuities.
During the infancy of Howard, the younger of the two, there is no improper suspension of the power of alienation. The assumed suspension is upon his reaching the age of twenty-one. Then arises this…
2Cases cited3 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Wells v. . SquiresNew York Court of Appeals · 1908
- Spitzer v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- Windiate v. LelandMichigan Supreme Court · 1929
- In re the Estate of QuigleyNew York Surrogate's Court · 1963
- In Re Havesgaard's EstateSouth Dakota Supreme Court · 1931
- In re the Accounting of CianciulliNew York Surrogate's Court · 1957
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