New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-10
THE COURTS.
couRr-GEsERAL TERM.


Refore Clerk. r p. Sutherland and CdrdOzo,
j. JEWiRidm De Forest Manice ct a., ereeutors' DC.
ag Oathaine Maria Adnice aims - one o, Iout
the viii of the iate De Forest MaDce This WILL after
disposns Of 100000 OF property mainly ,d Issya
ali 1Ss bsance Of lis estate valued at sO0OO in trust
and It is the validity of this trust that is in dispute TINS
snnum to his WIFE 500 his mother and CG to each
of his children and II the net income exceeaeu LIS and
c cst Da such the other half was be &C
cumulated during the life OF the % choose
one appraiser Surrogate OF NewYork second anu
they two third and aPpIaise and sell me RTSree 81
these parts then 10 be paid over 10 each son. or
issue and the other six parts are 70 Gs e6eG iT for
e after death to be divided into as many shares DO
she might have children aug Se and y, maid nj over on
its attaining a. with cross limitations IN the SIX years
that have passed since tue & ~ ons sS a was
20 Into the estate under the Will IheIe was aisO
devise Of to be paid OUT a oeSe o Ss nSes,ed
aud accumulated by that College tn ~ reached Sogoo
and It's to be then applied 70 ne TSs S IL a
tackled by the daughers OF the testa9 anu .e Id f
two reasons first because the direction for an accum
ation illegal and void and second peGause, as
With regard 10 the Yale College bequest they claim that
has an additional element OF egality In II In the long
az a9d he accnmSato during he lie Of the
to be generally conceded Judge lngrahah heu ~ ,Se,
these denominations must go to the , next
eventual takers the sons aud the children OF me Sah
nor1ty OF the children were void but held the
main provisions Of the trust valid and that the sgM
portions could separated without destroying IT, Win
regard 10 the Yale College bequest he held that was 70
pass out OF the state within the time provided Dy our
own laws and that the question OF the lnYauly vi tho
further trust depended laws Of that State where IL
be executed From tins deeson tne aug Sad
died appeal They claim that the requirement Oh se ~
prsseent Of the estate aud lis division necessary "a
Iur Tho ~
ow's death and added to her life an indefinite time our
ing which the power OF alienation n . ns0 dc D and
that the testator contemplated such pr0OaDlhy
ION dxor pefoe the completion of this appraisal the
suspension would extend beyond two lives In Deing ana
by or actual happening, that renders such devise
void. The same reasoning applies 10 the estates 70 %
argued that this vitiaes the whole trust; that TO dis
tribute acCumuat0ns aud destroy the suspension Oh
alienation Ii such complete breaking up OF the wnoie
seheme OF the trstaOr that the whole will should DO
avoided least the whole OF this trust ana the prop
ety under left under the statutes OF descent ana
distribution On the other hand IL was argued that me
resduary estate vested at In the sons ana In the
trustees Of the daughters on the death OF the WIDOW inc
appraisal being but formal method OF making the dyf
suu that estate passed 10 the appraisers merey
aIenaiion beyond the two lives If there any
such SUSPENSION OF the limitations among tue
daughters children, II was rs was the accumulation VI
fine ,ucome durne the widows life only incidental ana
could be thrown oft without affecting the man clements
ton Mr. Bidwell and Sir. Arnoux, for tho appellants
Mr. Sanford for infants Mr.. OConor and MI tweed lor
respondents. 81,
Iilisresing % Real Estate Ldtcyers-George Gdskfn
agt Edpard Meek and others-Ine decision OF jus
tce CardOzo the act passed last winter Dy the
Legislature and populary known IA the SherHs acl'
Inasnuch IA 1t greatly Increases his fees, ana also pro
yldes that all DEGREES Of foreclosure OF mortgages sha
be carried out his office, has been afrmed Dy the
General Term The decision OF the Judges was unan
mous that the act first section
relating sales under fOreclOsure the second section 10
fees Sheriff such cases; while the third section
relates 10 s fees under Police Court commitments aud
the fourth section Referees fees. The purchaser was
ordered complete his purchase John Henry nun Tor
plaintiff and respondent; VIM. Henry ArnouN for pur'
chaser and appellant.