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MATTER OF KRIVAN

32 A.D.2d 551 (1969)

In the Matter of The Estate of Vendel J. Krivan, Deceased. Gerald M. Sychra, as General Guardian of Carol Sychra, an Infant, Appellant; Albertha Krivan, as Executrix of Vendel J. Krivan, Deceased, et al., Respondents

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

April 21, 1969

Decree affirmed, with one bill of costs to respondents jointly, payable by appellant personally.

In our opinion, the Surrogate did not commit error in upholding the validity of the trust. First, there was not a remoteness of vesting in violation of the rule against perpetuities (Real Property Law, § 42; Personal Property Law, § 11 [both incorporated into EPTL 9-1.1 as of Sept. 1, 1967; testator died in August, 1967]), because the trust must vest no later...

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