Legal Opinion
In re the Estate of Stillman
New York Surrogate's Court
Decided July 28, 1936PublishedCited by 3 opinions
1Opinion of the Court
Foley, S.
I hold that the will of the testator’s daughter did not operate as a valid exercise of the power of appointment conferred on her by the will of this decedent. The donor’s will provides for a trust to continue during two lives. The donee’s will provides that the property subject to her power of appointment shall continue to be held in trust for one more life. The attempted exercise of the power is, therefore, invalid as it provides for the suspension of the power of alienation beyond the period permitted by the statute. (Pers. Prop. Law, § 11.)
It is immaterial that the primary life…
2Cases cited7 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Fargo v. . SquiersNew York Court of Appeals · 1897
- Hillen v. . IselinNew York Court of Appeals · 1895
- In Re the Accounting of RoseNew York Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of BerwindNew York Surrogate's Court · 1943
- In re the Estate of KellyNew York Surrogate's Court · 1936
- In re the Will of BernheimerNew York Surrogate's Court · 1943