Jacoby v. . Jacoby
New York Court of Appeals
Appeal from a judgment of the Appellate Dixdsion of the Supreme Court in the second judicial department, entered June 27, 1906, which affirmed a judgment of Special Term construing the will of Julius Jacoby, deceased.
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Appeal from a judgment of the Appellate Dixdsion of the Supreme Court in the second judicial department, entered June 27, 1906, which affirmed a judgment of Special Term construing the will of Julius Jacoby, deceased. The action xvas brought to obtain a decree adjudging oid certain alleged trusts and powers in the xvill of Julius Jacoby, deceased, and that the decedent died intestate as to the residuum of his property on the ground that the testamentary disposition suspended the absolute ownership and poxver of alienation of the decedent’s estate for a period beyond that alloxved by laxv.…
1Opinion of the CourtWerner, J.
The appellants claim .and the respondents concede that the first or “ trust ” clause of the will is invalid, but they do not agree as to the reasons for its invalidity, or its effect upon the rest of the will.
With great elaboration and much force the learned counsel, .for the appellants contend, in substance, that when the first and sixth clauses of the will are read together, as they should be, it becomes apparent that the trust is void because it involves an unlawful suspension of the power of alienation, which is so -inseparably interwoven with all the other essential features of the will…
2Cases cited6 opinions
- Roe v. . VingutNew York Court of Appeals · 1889
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Fisher v. . HallNew York Court of Appeals · 1869
- Rawson v. . LampmanNew York Court of Appeals · 1851
- Woodgate v. . FleetNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Messing v. CommissionerUnited States Tax Court · 1967
- Seitz v. . FavershamNew York Court of Appeals · 1912
- In re the Probate of the Last Will & Testament of LallyAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of TerwilligarNew York Surrogate's Court · 1931
- In re the Estate of WildenburgNew York Surrogate's Court · 1940
43 more not listed; retrieve them via the Exa API.