New York Court of Appeals

Alfred S. Brown, Appellant v. John A. Quintard, as Executors of Paul S. Brown, Respondents, and…

December 18, 1903177 N.Y. 75

Summary

The New York Court of Appeals held that the testator's will failed to devise three‑fourths of the residuary estate and that the trusts created to pay annuities were void because they suspended alienation for more than two lives or for a term of years. Accordingly, the estate was treated as intestate with respect to the undisposed portion. The court also rejected the admission of a prior revoked will as extraneous evidence.