
    In the Matter of the Judicial Settlement of the Account of Frank C. Lang, as Sole Trustee Under the Last Will and Testament of Martha E. McLoughlin, Deceased.
    
      (Surrogate's Court, Kings County,
    
    
      June, 1911.)
    Suspension of Power of Alienation—Validity of Particular Future Estates—Suspension Under Power of Appointment—Effect on Other Provisions not Offending Statute.
    Where the beneficiary of a trust fund, having the power of -appointment by will as to the remainder upon the termination of his life estate, gave part of the fund in trust for his daughter for life and directed the remaining part to be paid to “ E ” in installments and; in case of her death before payment of the whole, the unpaid balance to revert to the trust fund for the daughter, the latter provision is void; but the taint of unlawful suspension of absolute ownership is not communicated to the other provisions of the will.
    Proceeding for the judicial settlement of the accounts of a testamentary trustee.
    John T. Sackett, for trustee.
    Frederick J. Stone, for Florence McLoughlin.
    
      Frank B. Vermilya, for Edna M. Harris, formerly Edna M. Wilson.
   Ketcham, S.

The will of the testatrix established a trust for "the life and benefit of her son, Edmund, and bequeathed the fund of such trust unto such person or persons, and in such sums, as he should direct by his will. Edmund died after the testatrix, leaving a will which contains an appointment of the fund in question, which was held upon the trial to be effectual, except as to the feature thereof considered infra.

After several provisions for the payment of specific sums from the share allotted to him in his mother’s will, Edmund gives $10,000 in trust for the life of his daughter, Edna M. Janz, with remainder to her appointees, or, in default of appointment, to persons named. He then gives (appoints) to Edna M. Wilson the residue, to be paid to her in weekly installments of $15, continuing until the entire residue shall be exhausted. Then follows the direction: “ In the event of the death of said Edna M. Wilson before all the residue of estate Ras been paid to her, or before I do, then all remaining balance shall revert to the Trust Fund created for benefit of my daughter Edna.”

If the provision last quoted should become active there would Re a suspension of the absolute ownership of a portion of the ■estate of the testatrix for the lives of Edmund, Edna M. Wilson and Edna M. Janz.

It results that the appointment that the remaining balance shall revert to the trust fund for the benefit of the daughter is void, but the taint of unlawful suspension is not communicated to the other provisions of the will. Kalish v. Kalish, 166 N. Y. 368.

The decree should follow the will of Edmund so far as applicable.

Decreed accordingly.  