In re the Voluntary Intermediate Account of Proceedings of Shapiro

Majority

p. 867

In the Matter of the Voluntary Intermediate Account of Proceedings of Dora Shapiro and Others, as Executors, etc., of Solomon Shapiro, Deceased.

Decree affirmed. No opinion. Present — Finch, Merrell, McAvoy, O’Malley and Sherman, JJ.; Merrell, J., dissents and votes for modification of the decree construing paragraph 7 of the will, by holding that the said provision of the will is invalid as violative of the rule against perpetuities, and that the decedent died intestate as to the residuary estate. [ 134 Misc. 363 .]

Cases cited

In re the Estate of Shapiro 134 Misc. 363 N.Y. Sur. Ct. 1929-05-11 p. 867