New York Court of Appeals

Frederick Schettler, as Administrator, &C., of Cornelia H. Schettler, Appellant v. Lawrence Shuster Smith…

December 21, 186941 N.Y. 328

Summary

The Court of Appeals affirmed the lower court with modifications, holding that certain trusts in John M. Smith's will violated the statute against perpetuities and were void, while alternative provisions that complied with the statute were upheld. It also declared the life estate to Lawrence Smith's widow void and awarded the plaintiff, as administrator of Cornelia Schettler, the excess income from Cornelia's share earned before her marriage.