In re Marcial's Estate
New York Surrogate's Court
Proceedings by Martin Marcial for the probate of the will of Enoch Marcial, deceased. Counsel for both proponent and contestant requested the surrogate to construe the following clause of the will: “After all my lawful debts are paid and discharged, I give and bequeath to my son Martin Marcial the use of one hundred acres of land in said town of Mina [describingit] until Ira Marcial, son of my said son Martin Marcial, becomes thirty years of age, and, in case of said Ira’s…
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Proceedings by Martin Marcial for the probate of the will of Enoch Marcial, deceased. Counsel for both proponent and contestant requested the surrogate to construe the following clause of the will: “After all my lawful debts are paid and discharged, I give and bequeath to my son Martin Marcial the use of one hundred acres of land in said town of Mina [describingit] until Ira Marcial, son of my said son Martin Marcial, becomes thirty years of age, and, in case of said Ira’s death before arriving at the age of thirty years, then said use of said 100 acres of land continues to Martin Marcial…
1Opinion of the Court
Sherman, S.
I am of the opinion that the instrument as the last will of Enoch Marcial is utterly void, under the statute of perpetuities,1 and the authorities cited by the learned counsel for the contestants; that it is not a valid will to pass title to real estate. It suspends the power of alienation beyond the continuance of two lives in being at the creation of the estate. It attempts to create contingent estates to at least four lives in being. The fee of the land may never vest in any of the four grandchildren, nor in any other grandson of the testator that might be born after the date of…
2Cases cited14 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Riggs v. . CraggNew York Court of Appeals · 1882
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Knox v. . JonesNew York Court of Appeals · 1872
- In Re the Judicial Settlement of the Accounts of the ExecutorsNew York Court of Appeals · 1883
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3Cited by1 opinion
- In re the Proceedings for the Probate of the Will of DavisNew York Surrogate's Court · 1908