Herzog v. . Title Guarantee Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in- the first judicial department, entered August 6, 1903, which modified and affirmed as modified a judgment of Special Term construing the will of James Jennings McOomb, deceased. The facts, so far as material, are stated in the opinion. The “ninth” clause of the “ third ” codicil is void for the reason that it suspends the power of alienation of the trust estate beyond the period of two lives.
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Appeal from a judgment of the Appellate Division of the Supreme Court in- the first judicial department, entered August 6, 1903, which modified and affirmed as modified a judgment of Special Term construing the will of James Jennings McOomb, deceased. The facts, so far as material, are stated in the opinion. The “ninth” clause of the “ third ” codicil is void for the reason that it suspends the power of alienation of the trust estate beyond the period of two lives. (Rothschild v. Roux, 78 App. Div. 282; Redf. on Wills, 263, 290; Brant v. Wilson, 8 Cow. 56; Hard v. Ashley, 117 N. Y. 606 ;…
1Opinion of the CourtMartin, J.
This action was for the construction of the will of James Jennings McComb who died on the thirty-first of March, 1901, leaving a last will and testament to which there were three codicils. Without referring to or discussing the provisions of the will or codicils which have no necessary bearing upon the question before us, we shall only call attention to those relating to the question under consideration. The questions on this appeal involve the construction and effect of the fifteenth paragraph of the will as changed or modified by the ninth provision of the third codicil thereto.
After making…
2Cases cited28 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Schettler v. . SmithNew York Court of Appeals · 1869
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3Cited by128 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- In Re the Accounting of KingNew York Court of Appeals · 1910
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In Re the Estate of JonesNew York Court of Appeals · 1975
123 more not listed; retrieve them via the Exa API.