In re the Accounting of First National Bank & Trust Co.

Decree insofar as appealed from reversed on the law and facts and matter remitted to the Surrogate’s Court for entry of a decree in accordance with the memorandum, with costs to each party filing a brief payable out of the estate. Memorandum: The appeal from the decree of the Surrogate’s Court brings up for review the application of the rule against perpetuities as it relates to the will of the testator. Since the will was executed on May 23, 1933 and the testator died on January 12, 1937 the amendments to the Personal Property Law (§ 11) and the Real Property Law (§ 42) by chapters 152 and…