Robert v. . Corning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 18, 1880, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 299.) This action was brought by plaintiff, as executor of the will of Christopher R. Robert, deceased, to obtain a judicial construction of said will, and a decision as to the validity of certain provisions thereof.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 18, 1880, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 299.) This action was brought by plaintiff, as executor of the will of Christopher R. Robert, deceased, to obtain a judicial construction of said will, and a decision as to the validity of certain provisions thereof. The will, after various specific devises and bequests, among them a bequest to the testator’s wife of $30,000, contained…
1Opinion of the Court
Andrews, Ch. J.
By section 15, of the article of the Revised Statutes relating to the creation and division of estates in land (1 R. S. 723), the absolute power of alienation cannot be suspended by any limitation or condition whatever, for a longer period, than during the continuance of two lives, in being at the creation of the estate, except in a single case, not material to the present inquiry. What shall constitute such suspension is declared in section 14. Such power of alienation (the section declares), is suspended, when there are no persons in being, by, whom an absolute fee in…
2Cases cited9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Downing v. . MarshallNew York Court of Appeals · 1861
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Norris v. . BeyeaNew York Court of Appeals · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by115 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Williams v. . MontgomeryNew York Court of Appeals · 1896
110 more not listed; retrieve them via the Exa API.