Berry v. Union National Bank

Harshbarger, Justice:

This case presents the issue whether a private testamentary trust which violates the rule against perpetu- ities should be modified to effectuate a testatrix’ intent or should fail.

Clara Clayton Post died on June 20, 1975, in Harrison County. Her will and codicil were admitted to probate on June 23, 1975, at which time Josephine H. Berry, appellant, qualified as executrix. After a series of specific bequests to her heirs at law, appellees Ellen Clayton and Arthur Clayton, and to other parties, Ms. Post created a private educational trust for the descendants of her late…