In re the Estate of Monsanto

MEMORANDUM OPINION

(April 19, 2001)

Before the Court is the Estate of Didace Monsanto’s Memorandum of Law, filed in response to this Court’s order, in support of its assertion that the will of Didace Monsanto is void. The Estate argues that the will is void because it distributes all of the decedent’s assets to a trust in violation of the common-law Rule Against Perpetuities. The Estate seeks an order declaring that both the trust and will are void as a matter of law, or alternatively, an order terminating the trust with the consent of the beneficiaries. For the reasons set forth below, each of…