Perotti v. First National Bank

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment in an action to construe a will which held a devise in trust void as in violation of the rule against perpetuities.

The facts material to the determination of the controversy are not in dispute.

D. N. Freeman died December 21, 1959, leaving a will which he had executed November 10, 1955.

Although it may burden this opinion an attempt to construe the instrument will be meaningless unless we present the verbatim language used by the testator. Only the portions of the will essential to the determination of the…