Appellate Division of the Supreme Court of New York, 1906

Thieler v. Rayner

Appellate Division of the Supreme Court of New York · Decided November 16, 1906 · Woodward

115 A.D. 626; 100 N.Y.S. 993; 1906 N.Y. App. Div. LEXIS 3024

Counsel

Edward G. Nelson, for the appellant., Herbert L. Fordham [Townsend Scudder, Gotthardt A. Litthauer and J. Mayhew Wainwright with him on the brief], for the respondents.

Opinion of the Court

Woodward, J.:

It distinctly appears by the terms of the will itself, the validity of which is attacked in this case, that a deed executed by the life tenants and the remaindermen would convey an absolute title in fee. Under these circumstances there is no restraint upon alienation or violation of the rule against perpetuities within the express definition of the statute.

. The judgment should be affirmed, with costs:

Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred.

Judgment affirmed, with costs.

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