McKibben v. Pioneer Trust & Savings Bank

The sole question here is whether item fifteen of the will of Katherine M. McKibben violates the rule against perpetuities. The circuit court of Cook county held that it did not, and from its decree the present direct appeal was taken, a freehold being involved.

At the time of her death Katherine M. McKibben was a widow. Her only heir-at-law was a son, Thomas Stanley McKibben, one .of the plaintiffs and appellants. By item thirteen of her will the testatrix bequeathed only one dollar to him, because, as stated, of his conduct toward her during her lifetime “and his evident lack of the faith…