Cook v. Horn
Supreme Court of Georgia
104 S.E.2d 461 (1958)
O.J. Massee, Jr. created a revocable inter vivos trust benefiting his wife for life, then his children, then grandchildren, and ultimately great-grandchildren upon reaching 21; Massee's children (plaintiffs) petitioned to terminate the trust, arguing the remainder interests beyond their own were void under the rule against perpetuities because Massee could theoretically have had more children after the trust's creation, extending the trust beyond the permitted period measured from execution. The lower court dismissed the petition, and the children appealed.
Whether, if a trust settlor has the power, during his lifetime, to revoke the trust for his own benefit, the period of time during which the settlor may revoke the trust is included in determining whether the trust violates the rule against perpetuities.