Warren v. Albrecht

571 N.E.2d 1179 (1991)

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Nature of the Case

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Facts

James devised land as follows: 'I give, devise and bequeath to John T. McGaughey, as Trustee, in Trust for P, my grand-son, the following described real estate. John T. McGaughey was to have the control of the land until P becomes of the age of thirty (30) years of age. At P's death it was to be given to P's then living child or children, or survivors thereof, and in the event there be no descendents of said child or children, then to his sisters, Emma B. Warren and Goldy Maude Warren, for the sole use and benefit forever, share and share alike, subject to the following conditions. In the event of the death of either of said sisters and leaving no child or children, or descendants of said child or children, then to the survivor, and if neither of said sister is living, then to my legal heirs at law, as per the laws of descent, share and share alike and for their sole use and benefit forever. James died in 1943. John Warren, his two sons, Donald and Ronald Warren, and his two sisters, Emma B. Warren and Goldy Maude Warren are living. P's grandfather left him a life estate in land. P's child or children were given a contingent remainder in fee simple. The descendants of his children were given an alternative contingent remainder in fee simple, as were his two aunts. In 1987, P's sons, Donald and Ronald Warren quitclaimed their interest in the land to their father. P brought an action to quiet title claiming that James' devise violated the rule against perpetuities. The court granted D’s motion for summary judgment. P appealed.