Wilber v. . Wilber
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1899, affirming a judgment of Special Term in favor of defendant in an action to obtain a construction of certain provisions of the will of David Wilber, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1899, affirming a judgment of Special Term in favor of defendant in an action to obtain a construction of certain provisions of the will of David Wilber, deceased. The facts, so far as material, are stated in the opinion. The sixteenth provision of the will is void for the reason that it is violative of our statutes, which forbid the suspension of the power of alienation of real estate and the absolute ownership of personal property for a longer period than during the…
1Opinion of the Court
Parker, Ch. J.
The action was brought to obtain a judicial construction of certain provisions of the will of David Wilber, deceased, but its special purpose was to secure an adjudication that the sixteenth provision of the will is void for the reason that it is violative of the statutes forbidding the suspension of the power of alienation of real estate and the absolute ownership of personal property for a longer period than during the continuance of not more than two lives in being at the time of the death of the testator. And while the seventeenth provision is conceded to be without vice in…
2Cases cited1 opinion
- Steinway v. . SteinwayNew York Court of Appeals · 1900
3Cited by7 opinions
- Haug v. . SchumacherNew York Court of Appeals · 1901
- In re the Intermediate Account of RichmanNew York Surrogate's Court · 1945
- In re the Judicial Settlement of the Intermediate Account of Proceedings of RhinelanderAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Construction of the Will of SmithNew York Surrogate's Court · 1956
- In re Estate of JunggrenAppellate Division of the Supreme Court of the State of New York · 1975
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