Pound v. Shorter
Georgia Supreme Court
377 S.E.2d 854 (1989)
- Written by Sean Carroll, JD
Facts
Elizabeth Shorter died in 1929. Her will established a trust for her unmarried son. The will provided that if the son died with a surviving spouse but without issue, the widow would be entitled to annual net income payments from the trust for her life. Finally, the will provided that in such an instance, upon the death of the widow, the trust corpus should be paid to the descendants of Elizabeth’s siblings. In 1953, the son married Mildred Shorter (defendant). In 1987, the son died, survived by Mildred. The couple did not have any children. The trustee (plaintiff) filed a petition to construe the trust. The trial court ruled that the gift to Mildred was void under the rule against perpetuities. However, the court ordered the property to pass to Mildred in fee because the son was the last valid taker of the interest and Mildred was the son’s heir. Elizabeth’s lineal descendants appealed.
Rule of Law
Issue
Holding and Reasoning (Weltner, J.)
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