Thieler v. Rayner

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1906

Appellate Division of the Supreme Court of the State of New York · decided 1906-11-16

Appeal by the plaintiff, Christian Thieler, from a judgment of the Supreme Court in favor of the defendants, Mary Bayner and others, entered in the office of the clerk of the county of Kings on the 11th day of January, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, adjudging the 5tli and 6th clauses of the last will and testament of Theodore Thieler, deceased, to be valid and effective.

Decided 1906-11-16

Woodward, J.:

¶1It 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.

¶2. The judgment should be affirmed, with costs:

¶3Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred.

¶4Judgment affirmed, with costs.