Legal Opinion

Hooker v. . Hooker

New York Court of Appeals

Decided March 8, 1901PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1899, reversing a judgment of Special Term construing the will of Matthew Hooker, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1899, reversing a judgment of Special Term construing the will of Matthew Hooker, deceased. The facts, so far as material, are stated in the opinion. The attempt of Matthew Hooker to dispose of his property by will must be adjudged futile for the reason that it attempts to suspend the absolute power of alienation for a term longer than that measured by two lives in being. (N. Y. R. S. p. 723, § 14; p. 773; Hillyer v. Vandewater, 24 N. E. Rep. 1005; Wells v. Wells, 88 N. Y.…

1Opinion of the Court

Parker, Oh. J.

Matthew Hooker by his last will and testament, after directing payment of his debts and funeral expenses and disposing of his .household furniture, gave all his property to the People’s Trust Company in trust for the following uses and purposes.

“ To invest and reinvest the same in such securities as are allowed by the laws of the state of Hew York, and dispose of the income resulting therefrom as follows :
“ 1. To pay over to my said wife, the sum of one hundred ($100) dollars per month, as long as she shall remain unmarried, upon condition that she shall provide a home for my…

2Cited by4 opinions

  1. People's Trust Co. v. FlynnAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re GallienAppellate Division of the Supreme Court of the State of New York · 1927
  3. In re GallienNew York Surrogate's Court · 1926
  4. In re GallienAppellate Division of the Supreme Court of the State of New York · 1927

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