New York Court of Appeals

William B. Greene, Appellant v. John B. Greene, Respondents

February 24, 1891125 N.Y. 506

Summary

The Court affirmed the dismissal of the plaintiff's partition action, holding that the testator's devise of his residuary estate to his three sons as trustees was valid and did not create an illegal trust. Restrictions on partition and alienation for six years were deemed void, and the sons received fee simple subject to payment of debts and legacies.