In re the Estate of Brown

Bogan, S.

The validity of the provisions of article “ Nineteenth ” of the will here under consideration has been attacked as being violative of section 11 of the Personal Property Law and section 42 of the Beal Property Law, it being the contention of certain of the next of kin who would not otherwise benefit, that the language of the will is susceptible of an interpretation that a single trust only was erected, limited upon three lives, consequently resulting in complete intestacy of the residue.

As to the residue of his estate the testator provided as follows:

“ Nineteenth. All the rest,…