Gilman v. Reddington

Decided December 15, 1857

New York Court of Common Pleas · decided 1857-12-15

This was an action, brought to procure an adjudication upon a will, and to obtain a decree declaring certain parts of it to be void. The will in question was that of Nathan Gilman, Jr. It contained, among other bequests, the following clause, which the plaintiff* the widow of the deceased, sought in this action to have declared void: “ Item.

Cited by 1 later decisions — most recently May 1879

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-12-15

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Daly, J.

¶1I concur in the judgment pronounced at the special *498term, except as far as it declares that tbe trust estate shall cease when tbe two youngest children, or the survivor of them, arrive at the age of twenty-one years. The power given to accumulate beyond the minority of the testator’s children was void, but the estate in the trustees continues until tho two youngest children, or the survivor of them, attain the age of thirty years. So far as holding and managing the estate during the two lives, or until the two youngest children reach the ago of thirty years, if they live so long, it is a valid trust and may be executed. With this modification, therefore, I think tho judgment of the special term should be affirmed.

¶2Judgment accordingly.