 When, in consequence of a valid limitation of an expectant estate, there is a suspension of the power of alienation, or of the ownership, during the continuance of which the rents and profits are undisposed of, and no valid direction for their accumulation...  The New York Supplement - Page 71903Full view - About this book
 | New York (State). Surrogate's Court (New York County) - 1912 - 666 pages
...that as to this income the testator died intestate, but from the provision of the statute: " When, in consequence of a valid limitation of an expectant...presumptively entitled to the next eventual estate." Real Prop. Law, § 53. has accrued between her death and the present time is payable to Arthur at once.... | |
 | New York (State). Supreme Court. Appellate Division - 1912 - 1114 pages
...(Consol. Laws, chap. 50; Laws of 1909, chap. 52) provides as follows: " § 63. Undisposed profits. When, in consequence of a valid limitation of an expectant...presumptively entitled to the next eventual estate. " This same rule applies to personalty. (Cook v. Lowry, 95 NY 103; Mills v. Husson, 140 id. 99.) As... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1912 - 796 pages
...alienation of principal fund. The statute (Real Property Law, § 63, Cons. Laws, ch. 50) provides that when there is a suspension of the power of alienation, or of the ownership of an expectant estate, during the continuance of which the rents and profits are undisposed of, and... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1913 - 742 pages
...which the rents and profits are to arise. It is also provided by the same statute (§ 63), that " When, in consequence of a valid limitation of an expectant...of which the rents and profits are undisposed of, ami no valid direction for their accumulation is given, such rents and profits shall belong to the... | |
 | John Chipman Gray - 1915 - 770 pages
...§ 40. When, in consequence of a valid limitation of an expectant estate, there shall be a suspense of the power of alienation, or of the ownership, during the continuance of which, the rents and profits shall be undisposed of, and no valid direction for their accumulation is given, such rents and profits... | |
 | New York (State) - 1916 - 1292 pages
...fifty of the consolidated laws," is hereby amended to read as follows: § 63. Undisposed profit*. When, in consequence of a valid limitation of an expectant...presumptively entitled to the next eventual estate. JBut any and all persons who legally shall have begun heretofore, or shall begin hereafter, to receive... | |
 | New York (State) - 1916 - 906 pages
...children. Kane v. Odell (1916), 171 App. Div. 324, 157 NY Supp. 308. § 63. Undisposed profits. — When, in consequence of a valid limitation of an expectant...presumptively entitled to the next eventual estate. But any and all persons who legally shall have begun heretofore, or shall begin hereafter, to receive... | |
 | New York (State) - 1918 - 1016 pages
..., 2, ch. 1, tit. 2, § 40. Application of section.—This section applies only when there shall be a suspension of the power of alienation or of the...during the continuance of which the rents and profits shall be undisposed of and no valid direction given for their accumulation. Bailey v. Bailey (1883),... | |
 | New York (State). Surrogate's Court (New York County) - 1919 - 606 pages
...an expectant estate if there is an admitted disposition of the income. The portion of the statute " during the continuance of which the rents and profits are undisposed of " must mean validly disposed of. Otherwise it would conflict with the other portion, " no valid direction... | |
 | John T. Fitzpatrick - 1920 - 660 pages
...his maintenance or education. Derivat:on: Real Property Law, § 52. § 63. Undisposed profits. When, in consequence of a valid limitation of an expectant...profits are undisposed of, and no valid direction for theij accumulation is given, such rents and profits shall belong to the persons presumptively entitled... | |
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