In re the Estate of Schuette

Samuel J. Silvebmaet, S.

In this trustees’ accounting proceeding the court is called upon to determine the disposition of the remainder in a preresiduary trust for the life benefit of one Lavina Surprenant, and particularly whether the provisions of the will with respect thereto violate New York’s two-life Rule *317against Perpetuities which was in effect at the time of decedent’s death.

In 1958, my colleague, Surrogate DiFalco, rendered a decision holding similar provisions in this will with respect to certain parallel preresiduary trusts invalid. (Matter of Schuette, 11 Misc 2d 212, affd. 6 A D…