Waxson Realty Corp. v. Rothschild

Motion for reargument denied, without costs. Consideration of the statute (Real Prop. Law, § 43) and the decisions now called to our attention makes it doubtful whether the will does, strictly speaking, unlawfully suspend the power of alienation. (Purdy v. Hayt, 92 N. Y. 446; Matter of Ryder, 41 App. Div. 247.) In our opinion, however, this does not change the result. Sections 42 and 43 of the Real Property Law, read together, indicate the intention that there should be no limitation either by life estate or by way of trust beyond two *705lives, and that valid suspensions may not be added to…