Hogg v. Maxwell
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the 'Southern District of New York. Bill Caroline F. Hogg against Eascelles C. Maxwell and others. Decree for defendants, and complainant appeals. Affirmed. The suit is brought by the widow of Charles B. Hogg, a resident of New York state, to procure a construction of his will.
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Appeal from the District Court of the United States for the 'Southern District of New York. Bill Caroline F. Hogg against Eascelles C. Maxwell and others. Decree for defendants, and complainant appeals. Affirmed. The suit is brought by the widow of Charles B. Hogg, a resident of New York state, to procure a construction of his will. The plaintiff contends that a certain trust created by the fifth clause of said will and the remainders limited upon it are void under the statutes of the state of New York against perpetuities. The following is the opinion of Evans, District Judge, in the court…
1Opinion of the Court
LACOMBE, Circuit Judge.
The nub of the case is well stated by Judge Evans, as follows:
“In legislating against perpetuities the lawmaking power did not intend to overthrow testamentary provisions such as appear here upon the ground that at the beginning it would take some months to do the necessary adminis- ‘ trative work preliminary to the distribution of the estate among legatees. It must be supposed that this necessary status was not an evil to be remedied by legislators.”
This is in accord with the views of the state courts expressed in a suit between the same parties to construe this same…
2Cases cited1 opinion
- Hogg v. LindridgeAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Hogg v. MaxwellDistrict Court, S.D. New York · 1916