New York Court of Appeals

John M. Knox v. William W. Jones, Respondent, and Georgiana Onativia, Appellants

February 6, 187247 N.Y. 389

Summary

The New York Court of Appeals held that the personal property trust devised by Alfred G. Jones's will was void because it suspended ownership for more than two lives, violating the rule against perpetuities, and could not be severed from the rest of the scheme. The court also noted that the validity of the real‑estate trust, located in California, must be determined by the courts of that State. Accordingly, the personal estate was to be distributed as if the testator had died intestate.