Curtis v. Citizens Bank & Trust Co. of Lexington, Ky.

CLAY, Commissioner.

This is a declaratory judgment action involving the question of whether or not a testamentary trust violates the rule against perpetuities. The Chancellor adjudged it did not.

KRS 381.220 provides in part as follows :

“The absolute power of alienation shall -not be suspended, by any limitation or condition whatever, for a longer period than during the continuance of a life or lives in being at the creation of the estate, and twenty-one years and ten months thereafter; * * (Our emphasis.)

Frank J. Rees died in 1953. The principal part of his estate (consisting of both realty…