In re Conger
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Alinon R. Eastman and Cordelia C. Eastman, individually and as executors, etc., of Tracey W. Conger, deceased, from a decree of the Surrogate’s Court of Oneida county, entered in said Surrogate’s Court on the 30th day of November, 1901, construing the will of Tracey W, Conger, deceased, and settling the accounts of his executors.
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Appeal by the petitioners, Alinon R. Eastman and Cordelia C. Eastman, individually and as executors, etc., of Tracey W. Conger, deceased, from a decree of the Surrogate’s Court of Oneida county, entered in said Surrogate’s Court on the 30th day of November, 1901, construing the will of Tracey W, Conger, deceased, and settling the accounts of his executors. The respondents are various persons and corporations named as and claiming to be legatees in remainder of certain property under said will. The decree in question, in addition to settling the accounts of said executors, construed certain…
1Opinion of the Court
Hiscock, J.:
The question presented upon this appeal which we shall deem it necessary to consider is whether certain provisions in the will of Tracey W. Conger which attempted to dispose of certain shares of-stock are illegal and void, because they offend against the law that in the case of a will “ the absolute ownership of personal property shall not be suspended by any limitation or condition for a longer period than during the continuance, and until the termination of * * * not more than two lives in being at the death of the testator.” (Laws of 1897, chap. 417, § 2.)
It is contented by the…
2Cases cited11 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Robert v. . CorningNew York Court of Appeals · 1882
- Everitt v. . EverittNew York Court of Appeals · 1864
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Stevenson v. . LesleyNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- De Vries v. De VriesCalifornia Court of Appeal · 1911
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
- Gilman v. GilmanSupreme Court of Connecticut · 1923
- Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
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