Central Trust Company of New York, as Executor of and Trustee Under the Will of George W. Egleston, Deceased…

Summary

The Court held that the testator's single, indivisible trust violated the New York statute against perpetuities, rendering the entire will invalid and requiring distribution of the estate as if intestate, with one‑third to the widow and two‑ninths to each son. The Court emphasized that its role is to ascertain the testator's intent and apply the law, not to rewrite the will. The dissent argued that three separate trusts were valid and only the principal should be treated as intestate. The majority opinion therefore reversed the lower court's judgment.