The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-28

+ ufscretfon. they Bhuuid deem It expedient;
AZ ;srs & =? IL s:ss:
Ills ssssators rHst e; the t gSiIposse s
5 sits G,,d .np SG Spss !;
SasiS WhittiSssy: and Witch hs deq9minatsd
Intended By this proyision to create an active
trust in his whole residuary estate and to give
rs ps tSes
asH q dG ss id. KS 20 .s s e. 6
s ss s.sS Ss. T5a Il. consideration o,
the question, whether the thirty NTH article
be h s. for ht e Dsse asa
The, affirmative of this question can be main
~ itseli and distinct and independent from
Tdols and SensoS 70
vii! altosether 81 the appellants, and then ths
Tho appellants invoke. Che. aid Of the prlnci-
win which are independent Of each other and
each complete In ITSELF some Of which are law
separated from each other the illegal Trusts
may be cut of and the legal ones permitted to
This rule is Ct frequent application, in the
construction 81 wills. but It can be applied only
tie estapr and Of wRere L Wesd end
a result contrary to tho purpose Of the will. or
TIM hs sns De-
| his property.
Ths raio ts ,snPlisd in AL eli reported cases
| the trusts In n Will are legal and some Illegal.
wishes Of the tssttcr would d be rdi eieated
i ,- 9ne porti"n. was retained and other
tee would RESULT from such constraction u to
the beneiciaries. or some oithem. then ali the
@ mss msnss sn
lee, IS n, Y. BOB; Van schuyer ,vs: Milford. SO
r. Vs. e. isS k,sssa3 Ps vs.
application Of this rule by the courts. ''e
In Knox agt Jones tho testator created ono
to to lis an psy ks III. snS
MS sist tha, with pitatons ever be-
Columbia College. This court held the whole |
trust 9valid and refused to sustain the pro,
provided for all the beneflciaries. and that they
hoss The satafs
az" as fsf SsssFs
gift to the testators wife Of the rents and in
S to Valid a
devise over might be void on the ground that
the Ts Ss and had
effect beyond her life or upon the ultimate dis
In Benedict ast. Webb. the testator created
s Of s in Of h at for
the ground that the trust term transRressed
the s yad d tine tho sur to
would defeat the, intention, Of the testator in
the disposition Of his property and work injus-
three OF the children to take under their re-
spective trusts and also as heirs at-law In the
tGneItourth as to which .the trust was declared
The result Of these and all other cases is that
mated from the will and those that are lawful
ton Of the testator or destroy the scheme that
he has created for the disposition OF his prop
Wen enforce and efrectuate his will and
give full effect to his intent. provided it does
cannot make viii ru bsd isw Scheme
thought was or would be in. accordance with
At the threshold OF every suit for the con-
strnftIGn OF viii lies the rule that the court
as will efrectuate the general intent Of the tes-
tator as expressed in the whole instrument:
it's provisions in an order different from that
in which they appear in the instrument. insert
in aid of the testator's intent and purpose.
N Never wi t1 devise new scheme or omake a
The fact that the executors OF the will APP
Piled to the LeGislantHIrse and procured the In
deemed it exredient TO convey to It the whoie
mot mater for
ti w, IN this connection This point was, con-
OF dn nhi it, paurs and
" to such charitable institutions. and in such
o my ysH s6s BY and with t
b. b.. shall choose and designate" And prior :
ns %th sn # the as action he
Porated institutions existing under the laws Of
esats be- dvde G The TACT hs
selection sci, was not deemed material and the
The rights Of heirs and next Of kin exist t
under the statutes OF descent and distribu-
tin r. ana vest Immediately upon tho death b
tle ts%ss ., power ATTEMPTED to be created
valid their rights are subject to It. but II in Il
, valid they Immediately become entitled to the
Is essential to one Claiming as trustee to
Wthh3ld the property from the heir or next Of t
becSs Fl Whnt syy
does must he dong under n valid power or the t.
act is unlawful II the power exercised il un- d
authorized. ths act is OF no force or validity. "
IN such case there Is no trust or power. There 8
Is nothing but ain unauthorized act. Intellectual
d, 1t is not deemed material to the decision OF Ii
me , question now under consideration il
whether the provisions OF the will relating to d
ne residuary estate are regarded us consti-
uting trust or a power in trust. except so far a
is that fact may be indicative Of the testator's c
4 there, was trust. then the executors took Ii
ltle to the resduary estate. but IL there is | ii
4 valid power IN trust 1t will be exc al
the vii! crcatcd Il trust estate. But sec | u,
ION 5sof tho statute OF Uses and Trusts. which nj
tied for any purpose not Enumerated In the y"
oreGoing sections. no estate shall vest In the d,
ormance of an act which may be lawfully Der g.
' under rover should he valid us in in
he coaastruction that trust INVALID because IT