Legal Opinion

Genet v. . Hunt

New York Court of Appeals

Decided April 16, 1889PublishedCited by 43 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of Caroline 3VI. Biggs, deceased, to obtain a judicial construction of said will.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of Caroline 3VI. Biggs, deceased, to obtain a judicial construction of said will. In 1853, Mrs. Biggs, then Miss Field, in anticipation of marriage with George F. Biggs, executed a trust deed, by which she conveyed all of her estate, real and personal, to trustees. ' The terms of the trust, as stated in…

1Opinion of the CourtAndrews, J.

The question presented on this record is whether the trusts created by the will of Caroline M. Biggs, dated June 27, 1867, are valid within the law of perpetuities, or are void for remoteness. There can be no doubt that if the testatrix, at her death, was the absolute owner of the estate embraced in the trusts, they were valid both in respect of their purposes and. duration. In general character they are trusts to apply the rents, profits and income of the trust estate for the support and maintenance of two children of the testatrix during their lives, respectively, with remainder on the…

2Cases cited4 opinions

  1. Cutting v. . CuttingNew York Court of Appeals · 1881
  2. Graff v. . BonnettNew York Court of Appeals · 1865
  3. Stevenson v. . LesleyNew York Court of Appeals · 1877
  4. Bryan v. KnickerbackerNew York Court of Chancery · 1846

3Cited by43 opinions

  1. Rajamin v. Deutsche Bank National Trust Co.Court of Appeals for the Second Circuit · 2014
  2. In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
  3. Fargo v. . SquiersNew York Court of Appeals · 1897
  4. In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
  5. In re HornidgeNew York Surrogate's Court · 1929

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