Cunningham v. Fidelity Nat. Bank

This is an action by plaintiffs, Mary Cunningham and Thomas Cunningham, against the Fidelity National Bank of Oklahoma City, as executor and trustee under the will of Ida M. Shear, deceased, and the beneficiaries under the will. The plaintiffs, aunt and uncle of Ida M. Shear, are the next of kin and seek to have the will declared void. Their attack is directed against paragraph 3 of the will creating a trust, which they contend is invalid for three reasons: (1) That it violates the rule against remoteness of vesting, which is generally referred to as the rule against perpetuities, see 21…