Richards v. Maiden
Virginia Circuit Court
54 Va. Cir. 337 (2000)
- Written by Robert Cane, JD
Facts
Josephine Lantz executed a will prior to her death. The will contained a residuary clause, which gifted the residue of her estate to all her grandchildren. The residual estate was to be held in trust and to be used for the educational benefit of all her grandchildren. Lantz died and was survived by four adult children and three infant grandchildren. The executor (plaintiff) filed a complaint, seeking that the court construe the trust to benefit only the grandchildren living at the time of Lantz’s death, not future grandchildren. The guardian ad litem who represented any unknown or unborn grandchildren asserted that any interests in the trust fund were executory interests that had not yet vested at the time of Lantz’s death, so such interests were invalid because they violated the rule against perpetuities.
Rule of Law
Issue
Holding and Reasoning (Doherty, J.)
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