New York Court of Appeals

John Van Nostrand v. . Daniel Moore

January 21, 187352 N.Y. 12

Summary

The Court held that the trust clause in the will, though void for violating the rule against perpetuities, controls the earlier power of sale clause, rendering that power ineffective and causing the residuary devise to fail; consequently the estate passes to the testator's children and grandchild as heirs-at-law.