Budny v. BANK OF AMERICA, NAT. TRUST AND SAVINGS ASSN.

Plaintiffs’ complaint seeks declaration of the invalidity of a testamentary trust, alleging that “administration was had and closed” upon the estate of the testator and quoting the challenged provisions of the trust from the will “and . . . the Decree of Final Distribution.” Demurrer to the complaint was sustained without leave to amend, and plaintiffs appeal from the ensuing judgment. The assertion that the trust is invalid is based solely upon its claimed violation of the rule against perpetuities and that against restraints upon alienation. (Cal. Const., art. XX, § 9; Civ. Code, §§ 715.1,…