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MATTER OF LINKE

279 A.D. 1096 (1952)

In the Matter of the Construction of The Will of Fred Linke, Deceased. J. Howard McGrath, Attorney General of The United States, As Successor to the Alien Property Custodian, Substituted in Place of Samuel A. Schwedock, Appellant; Jeffroy J. Lewin, as Executor and Trustee under The Will of Fred Linke, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1952.

The provisions of the will direct a suspension of the power of alienation of the residuary estate for a period measured by years and not by lives and, therefore, are void. The testator died intestate as to the residuary estate. The essential facts are no different in effect than those in Matter of Roe (281 N.Y. 541), and the principle stated in that...

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