People's Trust Co. v. Flynn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary C. Flynn and others, from so much of a'judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the cleric of the county of Kings on the 3d day of January, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, as determines a certain trust created under the will of said John Flynn, deceased, to be void by reason of undue suspension of the power of…
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Appeal by the defendants, Mary C. Flynn and others, from so much of a'judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the cleric of the county of Kings on the 3d day of January, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, as determines a certain trust created under the will of said John Flynn, deceased, to be void by reason of undue suspension of the power of alienation.
1Opinion of the Court
Miller, j.:
■ We desire tb add nothing to the discussion on the former appeal (106 App. Div. 78) except in reference to the point again forcibly- ■ urged upon,us that the widow; having elected to take dower, the provision for her benefit should be eliminated in determining the question of" the suspension of £he power of falienation. - In support of this proposition ou'r attention is called to an excerpt from the opinion of Judge Miller in Bailey v. Bailey (97 N. Y. 460, 471).. But it will be noted that the provision for the wife in that case was wholly independent "of the trust, and the…
2Cases cited4 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Corse v. . ChapmanNew York Court of Appeals · 1897
- Bailey v. . BaileyNew York Court of Appeals · 1884
- People's Trust Co. v. FlynnAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Orr v. OrrAppellate Division of the Supreme Court of the State of New York · 1911