First Portland National Bank v. Rodrique

172 A.2d 107 (1961)

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Nature of the Case

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Facts

Testator left stock to his son to be held in trust. A fixed sum of the income from the stock was to be paid to his wife each year, and the balance was to be paid in equal shares to his children. If upon the death of Testator's wife, the trust had been in effect for at least twenty-five years, the trust was to terminate, and the principal was to be distributed in equal shares to Testator's children. If the wife died prior to the trust's being in operation for twenty-five years, all income was to be distributed among Testator's children. The trust was to terminate after it had been in operation for twenty-five years. Testator's widow (P) sued for construction of the will, naming several other beneficiaries as defendants. Some of the defendants, but not others, claim that the trust is in violation of the Rule Against Perpetuities.