Wills, Trusts & Estates keyed to Dobris
Estate of Coates
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Testatrix Florence Coates (Testatrix) established a trust in her will to pay net income to her daughter for life, and upon her daughter’s death, to the daughter’s children, and upon the death of the last of her grandchildren, to be divided among her great-grandchildren per stirpes. Upon the death of the great-grandchildren, one-half of the principle was to paid to Appellant hospital (Appellant). Appellant challenges the great-grandchildren’s income interests as invalid against the common law rule of perpetuities. The trial court dismissed Appellant’s action. Appellant argues that under the “possibilities test” there is the possibility that the great-grandchildren’s interests will not vest until twenty-one years after the measuring life, which, under the Rule Against Perpetuities, must have been in existence at the time that the interest was created.
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