Max Kalish, Appellant v. Julius Kalish, as Executors of Joseph Kalish, Deceased, Respondents

Summary

The New York Court of Appeals affirmed the lower courts, holding that equity has jurisdiction to adjudicate the validity of a will containing a trust and an intervening life estate, that the statutory violations render the intermediate trust void, and that the void provisions may be severed without destroying the will or causing partial intestacy. The ultimate trust and remainders were upheld as valid and capable of taking effect after the widow's life estate.