The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-14
Supreme COurt-General Term.
decision by Hon. Juoge Roosevelt.
THE ANGRY WILL CASE


JUNE Annoy rs. Amory-The following are the
POINTS, decided in this devise of the fee Of his
child the children of such child if such chd leave
but if such child leave lawful issue surviving him,
then to the tesators right heirs valid crsation OF
two alternate future estates first in favor Of the partcu
lar issue II any, of the testator's child and then,
c.nely should there be no such issue living at the
chos death in favor of the teetators right heirs gene
rally The alternative devise to the right heirs OF the
tat is contingent future estate vested, in interest
in IN. heirs Of the estater who living at his DEATH
ard to take effect in possession If the death of
the widow aEd child 1t is remainder limited
tngency, which, in case it should happen, will operate to
estates vested and because
there persons in being who would have immediate
date precedent estate contingent, BECAUSE to
one, 1.-THE person to whom and as to the other, the
event which it is limited to take effect remains
certain" The uncertainty however, in either aspect,
at the death of the cbild-she have
children after her death there will then be persons in
being Known and ascertained by whom absolute fee
in POS session be convey edH and as consequence
the sb olute power Of alienation will not then have been
tpended for longer period than during the continu.
OF two cegnat lives Gin being the creation OF
the esae" Both these alternative future estates
psssy recognized by the statute and their creation ad
mtted to be exercise Of the tetamentAry power
Such devise TO take effect and vest in interest at the
ceath Of the chd, ia her issue then in being although
POI tponed In possession till the determination y of
third life ate is still valid whether tue thro life
be cor s.dered charge upon the fee life estate
proper oettrnind by IL invadity the petant Of its
creation. Where valid devise direct to the party 70 be
beoeted is afterwad subjected TO trust prohibited by
law the original devise valid althoug trust
is declared void Where three ssive lie estates
created legal estates and then trust is imposed upon
them to receive and pay the and profits the
trust is valid for the first lives, aud void for the
third. but not void in toto trust cd for several
distinct purposes, valid and vcd, will vest the
property in the trustee for such time may be necessary
10 fulfil the valid PURPOSES and logger As
the legitimate objects Of the trust cease the estate Of
the trustee trust limited to continue till the
determination" of three successive life estatesthe
third being void by swceases ut the expiration of the
second life. Determination" when applied to estates
extipgusbment Fl ON any whether elux Of
time forfeiture of condition. original in galidiiy.
mander in fee limited 10 vest in interest osoutely
ID persons in being at the end Of two successive life
esLtes is valid although it's enio meut be post ooned
III the deter ninaton of possible thifd life estate
spcn third life estate being void by statute, is "deser
mredn it is begun, and crestes postpone
rtDt therefore, of the vestpg of the remainder whether
In pos session. in interest Neither the third life
estate void ittef tie void trust imposed upon it,
the power Of alienation hey ond the lives Of
the first takers. There is nothing in the WILL there
fore 10 nvadste the devise Of the remainder in fee at
The death, for example, Of Mrs. Moore to her children
who may hereafter be born. And such children, claim
ing devise expressly allowed by las be
barred by a sale in partition made before they
born, and made in disregard Of their legel rights