New York Court of Appeals
J. Byington Smith, as Executor v. Louisa R. Edwards, an Infant
February 28, 188288 N.Y. 92
Summary
The New York Court of Appeals affirmed the General Term's judgment, holding that the sixteenth clause of the testator's will, which attempted to suspend absolute ownership of a $30,000 special fund for up to forty years, was invalid and resulted in intestacy. The $7,000 trust for the invalid daughter was deemed to fall into the estate's residue, and the $1,000 bequests to each grandchild born within twenty years were upheld as present gifts that vested immediately despite deferred payment.