Capers v. Camp

The majority opinion does not state whether the trust is void because the estates do not vest within the Rule Against Perpetuities or the duration of the trust exceeds the limits of the rule. The opinion relies on Fuller v. Fuller, 217 Ga. 316 (2) (122 SE2d 234) (1961), which also does not specify the basis for its holding. However, a review of theFuller record shows the trust clearly violated the rule with regard to the vesting of the estates.1 Furthermore, the citations supporting the conclusion in Fuller involved the vesting of estates which violated the rule.

*14If the ruling of the majority…