General
In the Matter of the Construction of the Will of Fred Linke, Deceased. J. Howard McGrath, Attorney General of the United States, as Successor to the Alien Property Custodian, Substituted in Place of Samuel A. Schwedock, Appellant; Jeffroy J. Lewin, as Executor and Trustee under the Will of Fred Linke, Deceased, et al., Respondents
279 A.D. 1096·New York Supreme Court, Appellate Division·1952·NY
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Opinion
In the Matter of the Construction of the Will of Fred Linke, Deceased. J. Howard McGrath, Attorney General of the United States, as Successor to the Alien Property Custodian, Substituted in Place of Samuel A. Schwedock, Appellant; Jeffroy J. Lewin, as Executor and Trustee under the Will of Fred Linke, Deceased, et al., Respondents.
[MAJORITY]
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.