New York Court of Appeals
In the Matter of Lillie M. Durand
December 31, 1928250 N.Y. 45
Summary
The New York Court of Appeals reversed the Appellate Division and the Surrogate’s decree, holding that the twelfth clause and its codicil in John E. Durand’s will violate §11 of the Personal Property Law by suspending alienation beyond two lives, rendering the trusts void. The court declined to infer a disposition to the grandchildren and ordered that the residuary estate pass by intestacy, remanding for entry of a proper decree.