Ella M. Haynes, Appellant v. Catharine M. Sherman, Respondents

Summary

The Court held that the trust created by Elijah T. Sherman’s will violated the statute against perpetuities and was therefore void, causing the estate to pass as if Sherman had died intestate. The widow’s power of sale did not cure the defect, and her discretion was deemed a trustee’s discretion, not a personal one. The judgment of the General Term was reversed and the Special Term affirmed.