Castner Estate

Dissenting Opinion by

Mr. Justice Roberts:

Striking down the unlawful accumulation does not compel the conclusion reached by the majority, a result which unnecessarily frustrates the intention of the decedent and defeats his plan of distribution.

*241Testator created a trust for the duration of the lives of his wife and children and “thereafter until my youngest grandchild living at the time of my death, arrives at the age of twenty-one (21) years.” He directed that his wife and children, as life income beneficiaries, receive certain stipulated sums annually, and upon the death of all life…