Berry v. Union National Bank
West Virginia Supreme Court
262 S.E.2d 766 (1980)
Relevant factsFree
Clara Post's will created a trust to fund the education of her late husband's nieces and nephews, naming Berry (plaintiff) as executrix and Union National Bank (defendant) as trustee. The trust was set to run up to 25 years, which violated the common-law rule against perpetuities requiring interests to vest within 21 years of death (absent a life-in-being measuring period). The will directed the bank to distribute remaining funds to the living descendants of her husband's siblings once the trust ended.
IssueFree
Whether a court may modify a private testamentary trust that violates the rule against perpetuities in order to effectuate the testator's intent.