In re Gallien

The surrogate has decided that the entire will is void, on the ground that the trust created by it suspends the power of alienation of testator’s real and personal property for a longer period than during the continuance of two lives in being at the creation of the trust estate, contrary to the provisions of section 42 of the Real Property Law and section 11 of the Personal Property Law, and that the subsequent provisions fall with it, on the ground' that they are dependent on and inseparable from the trust. (128 Misc. 370.)

This proceeding was brought by testator’s wife, as executrix, and his…