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Wills, Trusts & Estates keyed to Dobris
Cook v. Horn
Facts
Deceased created a revocable inter vivos insurance trust by transferring to Trustee Bank (Trustee) certain insurance policies. The trust instrument stated that Trustee was to pay the income from the trust to Deceased’s wife for life and that on her death (or on Deceased’s death should he have died before his wife), the principal was to be divided into as many shares as Deceased had children then living and deceased children whose issue were then living; the income from the share of each living child was payable to him for life and at his death the principal distributable to his issue, provided that the share of any such issues under 21 should be retained in trust until such issue reached 21. The trust also contained detailed distribution as to the income and principal for any deceased issue. The trust instrument reserved for Deceased the right to amend or revoke the trust and the right to name different beneficiaries of the trust. Appellants summoned the lower court to termina te the trust, claiming that if the interest was treated as coming into existence at the death of Deceased rather than at the point of trust creation, the interests violated the Rule Against Perpetuities. The lower court ruled for trustee bank. Appellants argue that they were either given fee simple or that the future interest in potential grandchildren violates the Rule Against Perpetuities.
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