Staley v. Estate of Harber

CHARLES C. STIDHAM, Superior Court Judge: *

*325The will of Dr. J. N. Harber was admitted to probate August 31, 1962. On February 26, 1963, his surviving spouse, Mary Helen Harber, filed a petition for determination of heirship. In it she alleged that a provision of the will was invalid and void because of uncertainty and indefiniteness as to the beneficiary, because it violated the rule against perpetuities, and because of the failure to vest the title of the property in question in any qualified person or corporation.

This provision reads as follows:

“FIFTH: All the rest, residue and remainder of…