Leake v. Robinson

Facts

Testator established in his will a trust, the income of which was to be paid to Robinson for life. The will made provisions for Robinson’s issue, but Robinson died without issue. The will then made provisions should Robinson die without issue by providing for Robinson’s brothers and sisters to take from the trust upon his or her attaining the age of twenty-five years. At the time of Testator’s death, Robinson had five siblings. Three siblings were born after Testator’s death: Two before Robinson died and one after Robinson died (collectively, “Siblings”). Because of the 25 year age limitation, the will provisions challenge the Rule Against Perpetuities. The siblings advance four principal arguments: (1) Testator intended to include only Robinson’s siblings alive at Testator’s death, (2) Testator intended the interests to vest at the birth of the siblings; only distribution, not vesting, was delayed until 25 years of age was attained, (3) the Court should alternatively reduce t he age limitation from 25 years to 21 years, and (4) the Court should uphold the interests of those siblings alive at Testator’s death even if the Rule Against Perpetuities invalidated the interests of the afterborn siblings.