Thornhill v. Riegg

GREENE, Judge.

Administrator brought this declaratory judgment action pursuant to N.C.G.S. Sec. 1-253 et seq. (1983) for construction of the trust provisions included in the will of Alfred Richard Riegg. On 6 September 1988, judgment was entered in the Superior Court of Haywood County declaring the trust created under the will to be void ab initio because it violated the rule against perpetuities. The trustee and certain named beneficiaries of the trust appeal.

The testator, Alfred Richard Riegg, died in 1981. He left a will which was duly probated in Haywood County, North Carolina. Testator…