Moore v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This action was brought in effect- to test the validity of certain clauses in the will of Austin D. Moore, late of Brooklyn, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This action was brought in effect- to test the validity of certain clauses in the will of Austin D. Moore, late of Brooklyn, deceased. The complaint asked that the provisions of the will relating to the testator’s residuary estate be declared void, and that plaintiff as heir-at-law and next of kin be declared entitled to one-third thereof, and that the executor be required to assign and deliver over…
1Opinion of the CourtMiller, J.
Some of the trusts created by the will of the testator are claimed to be invalid and void, and the controversy here arises principally in regard to the construction to be placed upon portions of the fourth clause of the will. As to the first subdivision of the fourth clause it is urged that it suspends the power of alienation or ownership of the property for a period of more than two lives, and thus violates the Revised Statutes. (1 R. S., 723, § 15; id., 773, § 1.) The provisions referred to are perhaps somewhat complicated, but a careful examination of the phraseology employed will, I…
2Cases cited2 opinions
- Everitt v. . EverittNew York Court of Appeals · 1864
- Leggett v. . PerkinsNew York Court of Appeals · 1849
3Cited by23 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- Palms v. PalmsMichigan Supreme Court · 1888
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
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