In re the Construction of the Will of Linke , 279 A.D. 1096 ( 1952 )

The provisions of the will direct a suspension of the power of alienation of the residuary estate for a period measured by years and not by lives and, therefore, are void. The testator died intestate as to the residuary estate. The essential facts are no different in effect than those in Matter of Roe (281 N. Y. 541), and the principle stated in that case applies. Nolan, P. J., Adel and Schmidt, JJ., concur; Carswell, J., concurs in result; Wenzel, J., not voting.