Denison v. . Denison
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 23, 1905, affirming a judgment of Special Term construing the will of David S. Denison, 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 first judicial department, entered August 23, 1905, affirming a judgment of Special Term construing the will of David S. Denison, deceased. The facts, so far as material, are stated in the opinion. The whole of the residuary clause of the will is void because it attempts to create a perpetual trust, and because it suspends the absolute power of alienation of real estate and the absolute ownership of personal property for more than two lives in being at the death of the testator, and until there shall be a complete…
1Opinion of the Court
The action is for the construction of a will. The appellants are certain of the testator's next of kin and heirs at law for whom he made no provision. They assert the invalidity of the residuary clause, and claim that as to the property passing under it the deceased died intestate. The great prolixity of the instrument and the comparative unimportance of the questions presented, except to the parties to the litigation, forbid our incumbering the reports with a literal statement of its provisions. The testator after creating a trust to provide an annuity for his wife gave all the residue of…
2Cases cited5 opinions
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- Wright v. . DouglassNew York Court of Appeals · 1853
- Woodgate v. . FleetNew York Court of Appeals · 1876
- Hopkins v. . KentNew York Court of Appeals · 1895
3Cited by17 opinions
- Hewitt v. GreenNew Jersey Court of Chancery · 1910
- Monypeny v. . MonypenyNew York Court of Appeals · 1911
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.New York Surrogate's Court · 1914
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