Matter of Will of Butterfield
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 18,1891, which reversed an order of Special Term appointing a trustee. The petitioners asked for the appointment of a trustee under the will of Oliver Butterfield, deceased, in the place of Bhoda Butterfield, deceased. Said Oliver Butterfield died July 1, 1868, leaving a will, the material provisions of which are as follows: “First.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 18,1891, which reversed an order of Special Term appointing a trustee. The petitioners asked for the appointment of a trustee under the will of Oliver Butterfield, deceased, in the place of Bhoda Butterfield, deceased. Said Oliver Butterfield died July 1, 1868, leaving a will, the material provisions of which are as follows: “First. After all my lawful debts are paid and discharged, I give and bequeath to my wife Bhoda, one-third of all my real and personal estate of every name and…
1Opinion of the CourtPinch, J.
It is not denied by the argument made on behalf of the appellant that the power of sale conferred upon the executrix suspends the absolute power of alienation beyond the permitted period. It is limited not, upon lives in being as the statute requires, but upon five minorities which may- prevent a complete transfer for as many lives. No conveyance could give a perfect and absolute title while overshadowed by the trust power which might, at any time during the prescribed minorities, defeat the estate granted. The learned counsel for the appellant, while frankly admitting the difficulty, seeks…
2Cited by14 opinions
- Eldred v. MeekIllinois Supreme Court · 1899
- Fidelity & Columbia Trust Co. v. TiffanyCourt of Appeals of Kentucky · 1924
- Reeder v. AntrimIndiana Court of Appeals · 1915
- Barrett v. BarrettIllinois Supreme Court · 1912
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
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