John Hope, by Guardian v. William A. Brewer, Jr.

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that a testator's disposition of his residuary estate to foreign trustees for a charitable hospital in Scotland is valid despite non‑compliance with New York trust and perpetuity statutes, because the gift is valid under Scottish law and the trustees are competent. The court also held that the will's direction to sell the real estate converts it to personal property, eliminating any alleged suspension of ownership.