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MATTER OF CREVELING

7 A.D.2d 150 (1959)

In the Matter of the Construction of The Will of Joseph P. Creveling, Deceased. Auburn Trust Company, as Trustee under The Will of Joseph P. Creveling, Deceased, Respondent; Alma Hittner et al., Appellants

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

January 7, 1959.

Attorney(s) appearing for the Case

Charles W. Avery for appellants.

Taber & White (Robert E. White of counsel), for respondent.

All concur. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN, and HALPERN, JJ.

HALPERN, J.

This case presents a problem of a vanishing type. It will not recur in the future with respect to trusts created after September 1, 1958. The question in this case is whether, under the provisions of the decedent's will, the power of alienation was suspended for more than two lives. By chapter 153 of the Laws of 1958, the limitation of the suspension of the power of alienation to "two lives" was eliminated...

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