Merchants National Bank v. Curtis

98 N.H. 225, 97 A.2d 207 (1953)

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Nature of the Case

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Facts

Testatrix left real property in trust for her two children, with the remainder to her granddaughter Margaret. Her will also provided that, if either of her children left any other issue, such issue were to share the remainder equally with Margaret. Clause Six of the will provided that if the grandchildren survived Testatrix's children, but left no issue, the estate was to go to Testatrix's brothers and sisters or their issue, and to Testatrix's husband's niece. No more grandchildren were born. Testatrix's children died, survived by Margaret. Margaret died without issue. The gift to Testatrix's brothers, sisters, and niece was challenged as violating the Rule Against Perpetuities.