In re the Estate of Pratt

OPINION OF THE COURT

John D. Bennett, J.

In this accounting proceeding the petitioners request a determination of whether or not the testator’s son, Charles, has violated the rule against perpetuities (EPTL 9-1.1) in exercising a power of appointment granted to him in his father’s will.

Pursuant to section I of article fifth, Charles Pratt, Sr., created a trust for the benefit of his wife for life and upon her death the trust property was to be divided into further trusts for the benefit of each of his children. Upon each child’s death the will provides: "I give and devise all property then…