MATTER OF HELLER


10 Misc.2d 363 (1948)

In the Matter of the Final Accounting of Henry H. Nordlinger et al., as Trustees of Martha Heller.

Supreme Court, Special Term, New York County.

April 14, 1948.


Attorney(s) appearing for the Case

Nordlinger, Riegelman & Benetar for petitioners.

Florence B. Meyer and Paul Meyer for respondents.


BERNARD BOTEIN, J.

The interdiction against the suspension of the absolute power of alienation for more than two lives in being (Personal Property Law, § 11; Real Property Law, § 42) continues to present perplexing problems.

In 1925 Martha Herman (later Heller) established an inter vivos trust, with income therefrom payable to her for life together with a right, at her option, to invade...

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