Cook v. Straiton

The plaintiff brings this action for the partition of certain lands of which his father died seized, and which are disposed of under the residuary clause of the latter’s will. That clause makes a valid suspension of the power of alienation, and, though the trust term thereby provided has not yet terminated, the plaintiff claims that he is seized and possessed of such an estate of inheritance as entitles him to maintain this action. The claim is that by statutory permission — rising superior to the expressed wish of the testator, the general rule that the postponement of division provided in a…