Buchanan v. Little
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary E. Buchanan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of Decernher, 1895,- upon the decision of the court, rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint. The action was brought to obtain a construction of the will of William H. Cooper, deceased, and a partition of certain property.
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Appeal by the plaintiff, Mary E. Buchanan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of Decernher, 1895,- upon the decision of the court, rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint. The action was brought to obtain a construction of the will of William H. Cooper, deceased, and a partition of certain property. The will of William H. Cooper contained the following, among other provisions: “ Second. 1 give, devise and bequeath all the remainder of my…
1Opinion of the Court
Ingraham, J.:
We agree with the counsel for the appellant in this case that the will created a trust estate in the executors of the entire remainder of the estate and that the real question involved is as to the period during which this trust is to continue If such period is not measured by two lives in being at the time of the death of the testator, or by any contingency can exceed that .period, then the trust is void, but we are of the opinion that the period during which the trust is to continue is measured by two lives in being, namely, the lives of the two daughters of the testator, Sarah…
2Cited by6 opinions
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- Orr v. OrrAppellate Division of the Supreme Court of the State of New York · 1911
- Hooker v. HookerAppellate Division of the Supreme Court of the State of New York · 1899
- In re Will of CharlierAppellate Division of the Supreme Court of the State of New York · 1897
- In re Charlier's WillAppellate Division of the Supreme Court of the State of New York · 1897
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