In Re Estate Of Anderson,

541 So.2d 423 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Charles Anderson died and his last will and testament left specific bequests to Howard Davis, Charles' nephew. Davis was 53 at the time of this appeal. The will provided for the education of the descendants of F.A. Anderson Sr., Charles' father for a period of 25 years from the date of the admission of the will for probate. When the twenty-five-year period was over, Davis was to get the trust property and if he was dead, then it would go to the heirs of his body. The descendants of the late father included five grandchildren and ten great-grandchildren with others on the way. Davis challenged the provisions as violating the Rule Against Perpetuities. The court issued a ruling that modified the will slightly adding a provision that it would be good for 25 years or 21 years from the death of Howard whichever occurs first. The Court also ruled that Davis held only a nonpossessory vested remainder interest in the trust property which was subject to complete defeasance in favor of the heirs of his body in the event he should die prior to termination of the trust term and that this vested remainder interest was transferable by conveyance or devise with right of possession and enjoyment to vest upon termination of the trust subject to the executory interest of the heirs of the body of Davis. Davis appealed; the interests given the descendants are executory interests, and they are contingent, and because these interests may fail to vest within the Perpetuities period they are void, and the application of the cy pres doctrine was error by the court; the alternate interest created in the heirs of Davis' body upon termination of the trust also violates the Rule and cannot be saved by cy pres; and the trust is void because its terms are vague, ambiguous or indefinite.