Giraud v. Giraud
New York Supreme Court
By his last will and testament, made the 5th day of January, 1865, the testator, Ernest Giraud, after the payment of his debts, gave and devised unto his executors all his estate, real and personal, to have and to hold the real estate unto them and their successors during the joint lives of Adele and Eugenie, two sisters of the deceased, and the life of the survivor, in trust, however, to receive the rents, issues and profits of the estate, and to take charge of and manage…
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By his last will and testament, made the 5th day of January, 1865, the testator, Ernest Giraud, after the payment of his debts, gave and devised unto his executors all his estate, real and personal, to have and to hold the real estate unto them and their successors during the joint lives of Adele and Eugenie, two sisters of the deceased, and the life of the survivor, in trust, however, to receive the rents, issues and profits of the estate, and to take charge of and manage the same to the best advantage, and pay all the taxes and charges thereon, to sell the personal estate, whenever they…
1Opinion of the CourtVan Vorst, J.
As announced in the will, in the beginning thereof, the estate in the executors, to whom the property, real and personal, was devised and bequeathed in trust, was, as to the real estate, apparently limited to continue in them during the joint lives of Adele and Eugenie, two sisters of the testator, and the life of the survivor. Such limitation does not transgress the statute against suspending the powers of the alienation of property, real or personal, and the same observation applies to the power with which the executors were invested with respect to the sale of the real estate, which was to…
2Cases cited2 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Betts v. BettsNew York Supreme Court · 1878
3Cited by5 opinions
- Jones v. . KellyNew York Court of Appeals · 1902
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Final Judicial Settlement of the Account of Proceedings of VisscherAppellate Division of the Supreme Court of the State of New York · 1925
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Supreme Court · 1911
- In re the Estate of BommerNew York Surrogate's Court · 1936