In re Trevor
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the petitioner, Henry G. Trevor, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 30th day of January, 1923, as holds valid a trust created by the will of John B. Trevor, deceased. (See Matter of Trevor, 120 Mise. Rep. 22; 207 App.
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Reargument of an appeal by the petitioner, Henry G. Trevor, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 30th day of January, 1923, as holds valid a trust created by the will of John B. Trevor, deceased. (See Matter of Trevor, 120 Mise. Rep. 22; 207 App. Div. 673; 208 id. 812.) The testator died December 22, 1890, leaving an estate of upwards of $10,000,000. He was survived by his second wife, Emily N. Trevor, and four children, one by his first wife, Henry G. Trevor, the appellant, and three by his…
1Opinion of the Court
Rich, J.:
This court, upon the appeal from the decree, has held that the limitations beyond the-life estate of the widow under paragraph " fifth ” of the will, are invalid, in that they offend against the Statute against Perpetuities by a possible suspension of the power of alienation or the absolute ownership for more than two lives in being at the death of the testator. (Matter of Trevor, 207 App. Div. 673.) We are asked upon this reargument for an adjudication as to the devolution of the fund.
It is urged by the appellant Trevor that the widow, having consented to accept and having accepted…
2Cases cited2 opinions
- In re TrevorAppellate Division of the Supreme Court of the State of New York · 1924
- Sink v. SinkNew York Supreme Court · 1875
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