Taylor v. Crosson

Citations

• 11 Del. Ch. 145
• 98 A. 375
• 1916 Del. Ch. LEXIS 27

Syllabus

<p>Since the rule against perpetuities is peremptory, and not a rule of construction, its object being to defeat the intention, the will must be construed as if the rule did not exist, and the rule must then be remorselessly applied, so that, if there are two possible constructions, that con-sistent with the rule will be adopted; but, if the meaning is clear, it must be given effect, even if it renders the gift illegal.</p> <p>The rule that, where the devise is to children as a class, those in existence on the testator’s death take, excluding the after-born,' has no application where the determination of the class is postponed until the-death of the life tenant,, and is applicable only where there is a present gift payable in the future.</p> <p>Where the court of another state has already passed on validity of a will as to perpetuities, its determination is. of great weight; although the court within whose jurisdiction the property lies has the duty .of again construing and determining its validity in a suit on contract involving the property.</p> <p>The rule against perpetuities governs both legal and equitable interests, but not vested interests, and the contingency for future vesting must thereunder arisé within the required limits, if at all, and is determined by the possibilities, and not the probabilities.</p> <p>Where the devise was in trust for the life of testatrix’s daughter, and then, if she had issue, in trust until her children were twenty-five years old, and the daughter, having issue, survived the testatrix, the bequest was void, since it might not have vested until twenty-five years after death of one in being at the death of the testatrix, since the living issue might have died and the class might have been of persons not living at the testatrix’s death.</p> <p>Although an estate would actually have vested within the limits of the rule against perpetuities, the whole bequest was void, even as to competent takers, where it might possibly not have ves