Currin v. Fanning
New York Supreme Court
Appeal from tbe decree of the surrogate of the city and county of New York admitting to probate the will of Edward Isidore Sears, and giving a construction to certain portions thereof. The devise was to the trustees, as individuals, for the benefit of the college and is, therefore, void. It contravenes the statute forbidding the suspension of the power of alienation for more than two lives in being; in other words it creates a perpetuity in trust.
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Appeal from tbe decree of the surrogate of the city and county of New York admitting to probate the will of Edward Isidore Sears, and giving a construction to certain portions thereof. The devise was to the trustees, as individuals, for the benefit of the college and is, therefore, void. It contravenes the statute forbidding the suspension of the power of alienation for more than two lives in being; in other words it creates a perpetuity in trust. (Owens v. Missionary Society, 14 N. Y., 380; Harris v. Clark, 3 Seld., 242; Holmes v. Mead, 52 N. Y., 332; Van Schwyven v. Mvdford, 59 id., 426;…
1Opinion of the Court
In&alls, J.:
This is an appeal from the decision of the surrogate in regard to the last will and testament of Edward Isidore Sears.
*461The controversy arises upon the seventh clause thereof, which is as follows:
“ Seventh. I give and devise all my real estate, consisting of two brown stone houses and lots on which they are erected, namely: The house and lot No. 244, East Eorty-ninth street, between Second and Third avenues, and the house and lot No. 106, East Sixty-first street, between Lexington and Fourth avenues, in the city of New York, to the trustees of Mcmhattcm College, in the city of New…
2Cases cited13 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
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