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LANDRAM V. JORDAN, 203 U. S. 56 (1906)

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U.S. Supreme Court

Landram v. Jordan, 203 U.S. 56 (1906)

Landram v. Jordan

No. 179

Argued October 8, 1906

Decided October 22, 1906

203 U.S. 56


Testator created a trust for his children including therein all of his property except one parcel, the income whereof was to go to a niece for life, the trustee to make such income up to a specified sum from the property in the general trust. The general trust was declared void as creating a perpetuity, but not the trust for the niece. The children appealed, claiming that the trust for the niece was also void.

Held, that

One not appealing cannot, in this Court, go beyond supporting the judgment and opposing every assignment of error, and therefore the niece could not endeavor to sustain the validity of the trust as a whole.

The trust for the niece was not illegal, and was not so intimately connected with the failing trust as to fail with it, but the decree was modified so that the income could only be made up to the specified sum from income from property in the jurisdiction.

An objection that a person should have been made a party to a bill of review comes too late when the existence of that person does not appear of record.

25 App.D.C. 291 modified and affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 203 U. S. 60

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