William D. Everitt and Others v. . Rosine Everitt and Others.

Summary

The New York Court of Appeals reversed the Supreme Court, holding that the residuary bequest in Charles E. Everitt's will is valid and does not create an illegal suspension of alienation; the bequest vests at the testator's death and the attempted trust, even if void, does not invalidate the legacies. The dissent argued the trust created a prohibited perpetuity, while the concurrence agreed with the result but offered a different construction of vesting.