Fitzpatrick v. Mercantile-Safe Deposit & Trust Co.

Henderson, J.,

filed the following dissenting opinion.

There are some points in the instant case upon which everyone seems to be agreed. The testamentary appointments, under established principles, are generally to be read as though they had been included in the original deed of trust, and if so read in the instant case, violate in some respects the rule against perpetuities. It is also agreed that had the settlor *555retained a complete and unconditional power of revocation, the time from which the rule runs would not have been the date of the deed but the date of the settlor’s death, when the…