New York Court of Appeals

Anna B. Dana, as Executrix v. Agnes Murray, Impleaded

December 15, 1890122 N.Y. 604

Summary

The Court held that Maria Murray's will was invalid as to the premises because it attempted to create a fee that violated statutory limits; the power of sale was a general, imperative power in trust that suspended vesting of the fee; the estate to the husband and three daughters was a determinable life estate held as tenants in common, not a fee; the contingent remainder to the children exceeded the statutory two‑life limit and was void; therefore the fee absolute vested in Murray's surviving children and the issue of any deceased child at her death.