First Nat. Bank of Atlanta v. Jenkins

Clarke, Presiding Justice.

This appeal presents the question of whether the vesting of remainder interests under the will of Thurston A. Carlton violates the rule against perpetuities. The trial court concluded that the rule was violated. We construe the will to find no violation and reverse.

At issue are provisions in the will involving Hubert Carlton, the son of the testator and the life beneficiary under the will, and the remainder beneficiaries who are the lineal descendants of J. H. Carlton, brother of the testator. The action was initiated by appellee Gail Carlton Jenkins, daughter of…