Cunningham v. Cunningham

Nichols, Justice.

The judgment of the trial court concluded that the termination of the trust so as to vest the remainder in the plaintiff was based upon the interest of the plaintiffs father being terminated. The appellants contend that in order for the plaintiff to have a "perfect title” to the assets in such trust he must be in life when his father’s interest is terminated, not by assignment, but, by his death. '"The law favors the vesting of estates at the earliest possible time; and where there are divesting clauses in a will, the law is disposed to give them such effect as to vest the…