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ESTATE OF JACQUES ASLANOFF, Deceased (14/1742/A) — In this uncontested will construction proceeding brought by the co-executors of a will dated July 1, 2008 which was admitted to probate on March 6, 2015, jurisdiction was obtained over all beneficiaries under the testamentary trust created in Article SECOND which is comprised of the residuary estate, and they defaulted.

It is clear that the testamentary trust comprised of the residuary estate set forth in Article SECOND of the will violates the rule against perpetuities (EPTL 9-1.1), in that it requires trust principal to be preserved “as long as possible” and beyond the death of a person who was not a life in being at the testator’s death plus 21 years. Accordingly, the trust sought to be created under Article SECOND of the will is void and of no force and effect.

 
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