Tumlin v. Troy Bank & Trust Co.

I agree with Mr. Justice Brown that the residuary trust provisions of the will violate the rule against perpetuities and the law ■of accumulations.

Due to the great importance of the case, but with great respect for the two' opinions, I should like to give my own analysis of the questions involved, since neither opinion ■exactly expresses my views.

I, likewise, have become convinced that a basic fallacy in the deliverance in the first ■case, where a construction was sought on ■demurrer, is epitomized in the conclusion that the equitable estate vested immediately ■on the death of testator “in…