Merchants National Bank v. Curtis

The question transferred in effect asks us to decide who is entitled to how much of what trust moneys. This question depends in part on whether clause sixth of the will violates the rule against perpetuities. At the threshold of the dispute, however, is the issue whether the construction of this will in the case of In re Harrington Estate, 97 N. H. 184, is res judicata of the present claim that clause sixth violates the rule against perpetuities. We consider this preliminary issue first.

The proponents of the will maintain that the Bean-Quirin interests are precluded from urging the invalidity…