Suspension of the Power of Alienation And Postponement of Vesting Under the La

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4 Radley v. Kuhn, 97 N. Y. 26, 81.
» Douglas v. Cruger, 80 N. Y. 15, 18. 6 Robert v. Corning, 89 N. Y. 225, 236.
114 SUSPENSION OCCASIONED BY EXPRESS TRUSTS. [CH. IV.
property and apply them to the use of any person " (a phrase quoted bodily from the definition of express trusts of the third class), 1 and " any other trust in real property. " Thus, taking the words literally, it would appear 2 that the prohibition in § 103 applied only to express trusts of the third class, and not to those of t
...he fourth class. It is believed, nevertheless, that under the statute last quoted, transfers of interest by benefi- ciaries are still as fully prohibited in the case of trusts to receive and accumulate rents and profits generally, as in the case of trusts to receive and apply rents and profits generally, and for the following reasons.
§ 190. (a) The Revised Statutes in the section 1 R. S. 730, § 63, corresponding to Real Property L. , § 103, above quoted, provided that " no person beneficially interested in a trust for the receipt of the rents and profits of lands, can assign, " etc.


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