Thomas v. Citizens & Southern National Bank

Undercofler, Justice.

This is a declaratory judgment action for the construction of a will. The appeal is from a decree declaring certain bequests void under the rule against perpetui ties and decreeing that the estate vests in the last takers under legal limitations.

The testator, after making certain specific bequests, placed the residue of his estate in trust. He provided that the entire income from the trust was to be paid to his two named sisters and to the survivor for life. Both sisters are now deceased.

Item 7 of the will provides: “At the time of the execution of this will, I have one…