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Berry v. Union National Bank
West Virginia Supreme Court
262 S.E.2d 766 (1980)
- Written by Sean Carroll, JD
Facts
Clara Post’s will created a trust for the education of the descendants of her late husband’s siblings and named Josephine Berry (plaintiff) as executrix. The will stated that the trust would last for up to 25 years if it had enough funds remaining. The will directed the trustee, Union National Bank of Clarksburg (defendant), to distribute the remaining proceeds at the trust’s termination to the living descendants of her husband’s siblings. The 25-year length of the trust violated the rule against perpetuities.
Rule of Law
Issue
Holding and Reasoning (Harshbarger, J.)
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