In re Searight’s Estate
Ohio Court of Appeals for the Ninth District
95 N.E.2d 779 (1950)
George Seawright's will bequeathed his dog Trixie to Florence Hand, directing his executor to deposit $1,000 from which Hand would be paid seventy-five cents daily for Trixie's care "as long as it shall live," with any remaining balance upon Trixie's death split among Hand and four others; Hand accepted the bequest and began caring for Trixie, and the executor began making the specified payments. After the probate court upheld this provision, the case reached the Ohio Court of Appeals to determine whether the bequest was a valid honorary trust and whether it violated the rule against perpetuities.
Whether a bequest providing for the care of a specific animal until the animal's death or the exhaustion of designated funds is valid, and whether such a bequest violates the rule against perpetuities.