In re the Estate of Lyons

Wingate, S.

The question of testamentary interpretation here presented for decision is the familiar one of the extent to which a will containing trusts which potentially involve an infringement of the perpetuity provisions of section 42 of the Real Property Law and section 11 of the Personal Property Law, may be sustained.

Testatrix had four children, Annie, Lewis, Joseph and Nathaniel. To each she bequeathed an equal interest in her burial plot. The residue of her estate she directed to be divided into four equal parts. The first she gave to Nathaniel outright. The second and third she erected…