Schermerhorn v. . Cotting
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought for the construction of the last will and' testament of Araos Cotting, deceased, who died May 12, 1889', leaving him surviving a widow, a son and a daughter.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought for the construction of the last will and' testament of Araos Cotting, deceased, who died May 12, 1889', leaving him surviving a widow, a son and a daughter. After- disposing of part of his property the testator gave the residue to Charles Uriah Cotting, his successors and assigns, in trust for the following uses and…
1Opinion of the CourtPeckham, J.
It has been held in the court below that this will, in one contingency (the death of the son before the wife, and the latter’s death before the daughter), illegally attempted to suspend the absolute power of alienation of the real estate and the absolute ownership of the personal property for a period beyond the existence of two.lives in being at the creation of the trust estate. It was stated that, in such contingency, the trust estate might be limited upon the lives of the son, the wife and the daughter of the testator, and thus three lives instead of two would be the limitation of the…
2Cases cited3 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Phelps' v. . PondNew York Court of Appeals · 1861
- Colton v. . FoxNew York Court of Appeals · 1876
3Cited by52 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Leach v. . GodwinNew York Court of Appeals · 1910
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In Re the Will of FriendNew York Court of Appeals · 1940
- Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
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