Mary A. Underwood, Appellants v. Harriet S. Curtis

Summary

The Court affirmed the lower court's dismissal of a partition suit, holding that the testator's will and codicil converted the real estate into personalty at his death, that the trust for the widow's life is valid, that the trust for the remainder violates the Statute of Perpetuities and is void, that the invalid trusts may be severed leaving the widow's trust intact, and that a partition action is unavailable because the estate is personalty held in trust.