Morton Estate

Opinion by

Mr. Chief Justice Jones,

This case presents a difficult question involving the application of the Rule Against Perpetuities. At issue is the validity of gifts in remainder to three of testator’s great grandchildren, following successive life estates to his children and grandchildren where similar gifts are invalid because grandchildren were bom subsequent to testator’s death.

Thomas Q-. Morton died testate on May 20, 1903, and was survived by Ms wife, three daughters and two sons. He bequeathed his residuary estate in trust and directed the trustees to pay two-thirds of the net income…