New York Court of Appeals

Theodore H. Benedict, as Executors v. William H. Webb, Appellant

March 17, 188598 N.Y. 460

Summary

The Court held that the testator's clause required division of the estate only after all his minor children living at his death reached age twenty‑one, making the trust for the adult daughter void as it exceeded the statutory limit on suspension; consequently the two‑thirds of the estate was deemed intestate and the executors lacked authority to enforce the sale contract.