Bailey v. Buffalo Loan, Trust & Safe Deposit Co.
New York Court of Appeals
• Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. Daniel E. Bailey died at the city of Buffalo about March 3d, 1894, leaving a widow now deceased, and the plaintiff, Harlow W. Bailey, his sole heir at law and next of kin.
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• Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. Daniel E. Bailey died at the city of Buffalo about March 3d, 1894, leaving a widow now deceased, and the plaintiff, Harlow W. Bailey, his sole heir at law and next of kin. At the time of the death of the testator, he also left a brother; Alanson 0. Bailey, a sister,, Caroline E. Blair, since deceased, a friend Mary E. Swain, who died in…
1Opinion of the CourtHogan, J.
Upon the first trial of this action the trial justice held (75 Mise. Eep. 23) that the fourth clause of the will of the testator was void, and judgment was accordingly entered requiring the trustee to pay over to the plaintiff the .trust fund and accumulations thereof then on hand.
- ■ Upon appeal from that judgment, the Appellate Division held (151 App. Div. 166) that the provision of the will in question for the children of the plaintiff contravened the statute against perpetuities; that the provision for the continuance of the trust for twenty-five years with limitation over was unlawful;…
2Cases cited14 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Tilden v. . GreenNew York Court of Appeals · 1891
- Rudd v. . CornellNew York Court of Appeals · 1902
- Miner v. . BeekmanNew York Court of Appeals · 1872
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- In Re the Will of HornerNew York Court of Appeals · 1924
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- Ely v. . MegieNew York Court of Appeals · 1916
- Duffill v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1922
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