Testator devised the locus to his daughter, V, in fee. Thereafter he executed a codicil whereby the property passed to his son-in-law, in trust, to take possession of the real estate and hold it in trust for V during her life, and "in the event of the death of my daughter . . . rent the same . . . and the said rents so received . . . he shall use for the support, sustenance, education, and benefit of the children of my daughter . . . surviving her." Held: the trust the testator attempted to create in his codicil was void, as in violation of the Rule against Perpetuities, where daughter survived testator and gave birth to two additional children after testator's death. Mercer v. Mercer, (N.C. 1949) 52 S.E. (2d) 229.
R. L. Storms,
FUTURE INTERESTS-RULE AGAINST PERPETUITIES-APPLICATION TO DURATION OF PRIVATE TRUSTS,
Mich. L. Rev.
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