Driscoll v. . Hewlett
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1909, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1909, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trust created by the second paragraph of the will of Thomas Driscoll is invalid, because it suspends the power of alienation beyond the statutory period of two lives in being. (Williams v. Williams, 8 N. Y. 525; Tilden v. Greene, 130 N. Y. 29.) The…
1Opinion of the CourtGray, J.
This appeal presents the question of the validity of a testamentary disposition of a testator’s residuary estate. The will was made in 1906 and is very brief. After directing the payment of debts and expenses, it gives all the residue of the testator’s estate “unto the Rector, ClmrcliWardens and Vestrymen of Trinity Church, Rockaway, in the County of Queens, for the following use and purpose, to invest and keep invested the same, and to collect the income derived therefrom and devote it in caring for my burial plot in the cemetery connected with said Church.” The rest of the will, merely,…
2Cited by5 opinions
- In re AlbersAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
- Earney v. ClaySupreme Court of Missouri · 1971
- Ruth K. Child v. United StatesCourt of Appeals for the Second Circuit · 1976
- Ruth K. Child v. United StatesCourt of Appeals for the Second Circuit · 1976