In re the Accounting of Coffin

Maximilian Moss, S.

Testatrix’ will established a trust for the benefit of her daughter with income payable to her during her lifetime and with power to' appoint the principal upon her death. Without specific mention of the power, the daughter, a resident of Connecticut, gave, devised and bequeathed her residuary estate upon a further trust to terminate at the expiration of three new lives. The latter provision suspends the power of alienation for a period longer than is permitted under section 11 of the Personal Property Law and section 42 of the Real Property Law. The court, therefore, holds…