In Re the Estate of Chun Quan Yee Hop

*48DISSENTING OPINION OF

KOBAYASHI, J.,

WITH WHOM ABE, J„ JOINS.

I dissent.

This case involves a testamentary trust that clearly violates the Rule Against Perpetuities, as acknowledged by the majority of the court. It is not a case involving an ambiguity in the will as in Queen’s Hospital v. Hite, 38 Haw. 494 (1950). Neither does it involve a situation wherein the proposition “the law is a ass, a idiot” may be applicable.1 Thus, this court is confronted with the basic, naked proposition of actually enforcing the Rule Against Perpetuities or of vitiating the vitality of the Rule!

I choose to enforce…