Abrams v. Templeton

Mary Ann Taylor Ramage (the testator) devised a 160-acre tract to her husband for life, then to her son Albert for life, then to Albert's children for life, then remainder to their children; she devised another 130-acre tract to her daughter's children (plaintiffs). The plaintiffs argued the gift to Albert's grandchildren violated the rule against perpetuities and that, since Albert's children held only life estates, the property would revert to the testator and pass by intestacy. The trial court found a perpetuities violation but, under South Carolina's reform statute, inserted a savings clause to make the gift comply while preserving the testator's intent to benefit both family branches equally.

Whether a court may modify a will to comply with the rule against perpetuities in a jurisdiction that has enacted a perpetuities reform statute.