Hone's Executors v. Van Schaick
New York Supreme Court
Appeal from chancery. 2'he executors of the last will and testament of John Hone filed a bill in chancery, before the vice chancellor of the first circuit, against the widow, heirs, legatees and distributees of the deceased, to obtain a construction of the will as to the validity of the devise to the executors in trust.
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Appeal from chancery. 2'he executors of the last will and testament of John Hone filed a bill in chancery, before the vice chancellor of the first circuit, against the widow, heirs, legatees and distributees of the deceased, to obtain a construction of the will as to the validity of the devise to the executors in trust. In July, 1831, the testator made and published his will, whereby, after a specific devise and bequest to his wife, he devised and bequeathed the residue of all his estate, real and personal, to his executors for the purposes of his will. He directed the executors to convert…
1Opinion of the Court
By Mr. Justice Bronson.
Every estate is void in its creation, which is so limited that the absolute power of alienation may be suspended for more than two lives in being at the creation of the estate. The lives must be designated,- and life must in some form enter into the limitation. No absolute term, however short, can be maintained. The testator attempted, by means of a trust to receive rents and profits, to render his lands inalienable for a term, of which more than nineteen years remained unexpired at the time of his death. This he could not do. The statute had forbidden it. The whole…
2Cases cited2 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Stall v. Catskill BankNew York Supreme Court · 1837
3Cited by26 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Converse v. KelloggNew York Supreme Court · 1850
- Campbell v. CampbellCalifornia Supreme Court · 1906
- De Wolf v. LawsonWisconsin Supreme Court · 1884
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