In re Farmer's Estate

By the provision of this will, $2,000 was given to the daughter of testatrix, and the residue of the estate, after the usual direction as to debts and a legacy of $50, was given to her son. The executors were directed to deposit the funds in a savings.bank, paying the interest semi-annually to "the beneficiaries; but the legacies were not to be paid until five years after her decease. It is claimed by the contestant that such a disposition constituted an unlawful suspension of the power of alienation; and the case of Smith v. Edwards, 88 N. Y. 92 , is cited in support of this contention. That case is not in point. There the whole interest upon the fund in question was not .given to the legatees, but w;as diverted to other purposes during the delay of payment. This case comes clearly within the rule laid down in Warner v. Durant, 76 N. Y. 133 . Let a decree be presented, admitting the will to pro-bate.