POWERS - RULE AGAINST PERPETUITIES - DISPOSITION OF PROPERTY WHERE APPOINTMENT IS INVALID - ENFORCEMENT OF CONTRACT TO APPOINT

Authors

James H. Kilbourne, University of Michigan Law SchoolFollow

Abstract

The donor of the power bequeathed a fund to trustees to pay the income to the donee for the donee's life, and then to convey to such persons as the donee appointed by will. The donee appointed by will to trustees to pay the income to the donee's daughter for life; and then to convey the remainder to the daughter's surviving children and the surviving lawful descendants of any deceased child of the daughter, upon the death of the last surviving child or twenty-one years after the death of the last surviving child living at the donee's death, whichever event occurred first; and in the event the daughter left no lawful descendants, to convey to the donor's then surviving lawful descendants. Held, the appointment to the surviving children of the daughter is bad under the rule against perpetuities, and the whole disposition being inseparable, all parts of it fail. Pursuant to the donee's probable intention, the fund passes to the takers in default named in the donor's will rather than to the next of kin of the donee. Northern Trust Co. v. Porter, (Ill. 1938) 13 N. E. (2d) 487.

Recommended Citation

James H. Kilbourne, POWERS - RULE AGAINST PERPETUITIES - DISPOSITION OF PROPERTY WHERE APPOINTMENT IS INVALID - ENFORCEMENT OF CONTRACT TO APPOINT, 36 Mich. L. Rev. 1411 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss8/22