United Virginia Bank v. Baldwin

By JUDGE WILLARD I. WALKER

In this bill of complaint for aid and guidance brought by the trustee. United Virginia Bank, the court is asked to construe the provisions of paragraph 8 of the trust agreement executed by Florence H. Baldwin (testatrix-grantor) on August 13,1951, and last amended on June 5, 1967.

The trustee asks the following questions:

A. Whether the provision in paragraph 8 of the amendment of June 5, 1967, disposing of the residue of the trust corpus violates the rule against perpetuities in that the testatrix could have a grandchild born after her death whose interest would not…