Fanny McComb Herzog, Appellant v. Title Guarantee and Trust Company of New York City, as Executors and…

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term, holding that the ninth clause of the third codicil is void because it suspends the power of alienation beyond the statutory period of two lives, and that the codicil does not create a gift to other residuary legatees, does not constitute a gift to a class, and that the annuity provision is intended to be inalienable during the daughter’s life.