McCreary's Estate

Hunter, J.,

In prior litigation in this estate, the life estates of settlor’s daughters Mabel and Dorothy were found to be separable from remote limitations under the rule against perpetuities, and to that extent the trust was sustained: McCreary’s Trust Estate, 328 Pa. 513.

Now Mabel has died and the question arises as to the validity of the limitations which were to take effect upon her death. The auditing judge has found that the primary limitation to Mabel’s child, which was conditioned upon such child being alive at Mabel’s death, was contingent and void because the event might not occur…