Merrill v. Wimmer

CONOVER, Presiding Judge.

Appellants, the majority of beneficiaries under the will of Newell M. Merrill (Ne-well), appeal the trial court's decision construing Newell's will.

We reverse.

ISSUE

Did the trial court err by modifying some trust provisions and upholding others under the rule against perpetuities?

FACTS

In 1970, Newell executed a will containing a residuary trust. Essentially, it devised the income to his three children, Judith, Dennis, and Walter, during their lives. As to distribution of the corpus, item 8(E) of Newell's will read as follows:

E. That when my youngest grandchild reaches…