Scott's Estate

Opinion by

Mb. Justice Simpson,

The single question raised on these two appeals is, whether or not the residuary clauses of testator’s will are void, because they violate the rule against perpetuities? The court below correctly decided that they did violate it.

It seems to be admitted, certainly it is clear, that the ultimate distribution under paragraph (c) of the will, hereinafter quoted, cannot be made until the death of the last surviving child of testator’s son Carl, if he leaves children, though that last survivor may have been born after testator’s death and survive more than 21 years…