Perry v. Twentieth Street Bank

Caplan, Chief Justice:

In a civil action instituted in the Circuit Court of Cabell County the plaintiffs sought a declaratory judgment, the purpose of which was to construe a certain clause of the will of Lillian Perry. Therein they prayed that said clause be declared invalid as being in violation of the rule against perpetuities. The defendant, The Twentieth Street Bank, a banking corporation, as trustee under the will and as executor thereof, filed an answer to the petition wherein it asserted that the trust set up by the questioned will provision did not violate the rule against…