Warren v. Albrecht

McGaughey's will gave Warren (plaintiff) a life estate, with the remainder going at Warren's death to his then-living children or their survivors, or, absent surviving descendants, to McGaughey's sisters or their children, or ultimately to McGaughey's legal heirs; Warren, whose two sons and two sisters were all still alive, sued to quiet title, arguing the shifting provision to the sisters violated the rule against perpetuities because his sons could theoretically lose their inherited interest to the sisters more than 21 years after Warren's own death if the sons later died without descendants. The lower court upheld the devise, and Warren appealed.