Legal Opinion

In re the Probate of the Last Will and Testament of Howland

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by J. Edward Howland and Fred D. Howland from. so much of a decree of the Surrogate’s Court of the county of W ashington, entered in said Surrogate’s Court on the 15th day of February, 1902, admitting to probate the will of Amasa Howland, deceased, as adjudges that the 5th clause of said will creates a valid trust.

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Appeal by J. Edward Howland and Fred D. Howland from. so much of a decree of the Surrogate’s Court of the county of W ashington, entered in said Surrogate’s Court on the 15th day of February, 1902, admitting to probate the will of Amasa Howland, deceased, as adjudges that the 5th clause of said will creates a valid trust. The will of Amasa Howland j after the direction for the payment of debts, gives several legacies, and in the 5th paragraph assumes to dispose of all the rest and residue of his estate. The material part of that provision is as follows: “ Fifth,. All the rest, residue and…

1Opinion of the Court

Smith, J.:

By section 2 of the Personal Property Law (Laws of 1897, chap. 417) it is provided: “ The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer *210period than during the continuance and until the termination of not more than two lives in being at the date of the instrument containing such limitation or condition; or, if such instrument be a will, for not more than two lives in being at the death of the testator ; in other respects limitations of future or contingent interests in personal property are subject to the rules prescribed…

2Cases cited1 opinion

  1. Everitt v. . EverittNew York Court of Appeals · 1864

3Cited by3 opinions

  1. In re the Application under the Last Will of KaufmanNew York Surrogate's Court · 1920
  2. In re the Estate of MartinNew York Surrogate's Court · 1961
  3. Witherspoon v. WhiteCalifornia Supreme Court · 1911

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