Hagemann v. National Bank & Trust Co.

In this appeal, we are asked to construe a will to determine whether the residuary clause violates the rule against perpetuities.

The will of Mildred Hart Woodward, executed January 15, 1971, was admitted to probate on March 16, 1971, and National Bank and Trust Company, the trustee named in the will, qualified as administrator, c.t.a. The testatrix was survived by her children, Anne Mutter Woodward Hagemann, Fletcher D. Woodward, Jr., and Malcolm P. Woodward, her sole heirs at law, all of whom were named as beneficiaries in her will.

Article Eight, the residuary clause of the will, creates two…