Legal Opinion
In re the Construction of the Will of Creveling
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1959Published
1Opinion of the CourtHalpern, J.
This case presents a problem of a vanishing type. It will not recur in the future with respect to trusts created after September 1, 1958. The question in this case is whether, under the provisions of the decedent’s will, the power of alienation was suspended for more than two lives. By chapter 153 of the Laws of 1958, the limitation of the suspension of the power of alienation to ‘ ‘ two lives ’ ’ was eliminated. Hereafter it will be possible for a person in the position of the testator in this case, leaving a widow and two children, to create a single *152trust to run for all three lives.…
2Cases cited9 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Everitt v. . EverittNew York Court of Appeals · 1864
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- In Re the Will of ButtnerNew York Court of Appeals · 1926
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