Brown Bros. Harriman Trust Co. v. Benson

STEPHENS, Judge.

The sole issue before the Court in this case is whether the North Carolina Constitution requires application of the common law rule against perpetuities’ restriction of the remote vesting of future interests in property. We conclude that it does not.

I. Factual Background and Procedural History

On 27 November 2007, Defendant Anne P. Benson executed a trust (“Benson Trust”) naming Brown Brothers Harriman Trust Company, N.A. (“Brown Brothers”) as Trustee, naming her children, John H. Benson, Anne H. Benson, and Linley C. Benson, as primary beneficiaries, and naming her unborn and…