Burke v. Central Trust Co.

This is a bill to construe and declare void parts of the will of Ellen Wentworth, who died February 15, 1931, at the age of 71 or 72. It is claimed the will violates the statute on restraint of alienation (3 Comp. Laws 1929, § 12935), and the rule against perpetuities.

Mrs. Wentworth had no immediate relatives except a sister, Mary Burke, and her family. The original will, executed November 14, 1928, devised the whole of her property to the Central Trust Company and Frank J. Burke, in trust, with power of control but without power of sale. The estate consisted of real property appraised at…