Virginia K. Hascall, Appellant v. Vincent C. King, Jr., and Anna Louisa King

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the sixth clause of the testator's will invalidly directs the accumulation of rents and profits to pay mortgages, which is prohibited by §§ 37 and 38 of the Revised Statutes. The court further held that a trust to lease real property for that purpose is not authorized by § 55, and that while the secondary provision is void, the primary object of providing an annuity to the widow is valid and may be sustained. Justice Vann, in a concurring opinion, agreed with the result but disagreed with the majority on the interpretation of the lease provision, following the earlier decision in Parks v. Parks.