In Re the Estate of Chun Quan Yee Hop

OPINION OF THE COURT BY

LEVINSON, J.

This case presents the question whether the orthodox common law Rule Against Perpetuities will be strictly, applied to nullify a testamentary trust which violates the Rule or whether some part of the trust or all of it will be allowed to take effect. We choose to resolve this issue, by applying the doctrine of equitable approximation - (also known as the cy pres doctrine) so that the trust will not violate the Rule or its underlying policies and . the testator’s expressed desires will be satisfied.

The facts have been stipulated by the parties. The testator,…