Home/Appellate Division of the Supreme Court of New York/In re the Construction of the Will of Linke

In re the Construction of the Will of Linke

279 A.D. 1096, 112 N.Y.S.2d 673, 1952 N.Y. App. Div. LEXIS 5965
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 26, 1952
StatusPublished

This text of 279 A.D. 1096 (In re the Construction of the Will of Linke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Construction of the Will of Linke, 279 A.D. 1096, 112 N.Y.S.2d 673, 1952 N.Y. App. Div. LEXIS 5965 (N.Y. Ct. App. 1952).

Opinion

The provisions of the will direct a suspension of the power of alienation of the residuary estate for a period measured by years and not by lives and, therefore, are void. The testator died intestate as to the residuary estate. The essential facts are no different in effect than those in Matter of Roe (281 N. Y. 541), and the principle stated in that case applies. Nolan, P. J., Adel and Schmidt, JJ., concur; Carswell, J., concurs in result; Wenzel, J., not voting.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re the Will of Roe
24 N.E.2d 322 (New York Court of Appeals, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
279 A.D. 1096, 112 N.Y.S.2d 673, 1952 N.Y. App. Div. LEXIS 5965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-linke-nyappdiv-1952.