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Keywords

appealtrustwillappellant

trustwill

Related Cases

In re Stephan’s Estate, 129 Pa.Super. 396, 195 A. 653

Facts

Mary Stephan died on November 7, 1934, leaving a will that included a residuary clause intended to benefit Camp Silver Belle and, upon its dissolution, a Spiritualists Old People's Home or Hospital. The court found that neither Camp Silver Belle nor the hospital had been devoted to any religious, charitable, literary, or scientific use, leading to the conclusion that the trust gift was void due to the rule against perpetuities. The appellants, who are entities associated with spiritualism, appealed the decision.

Mary Stephan died on Nov. 7, 1934. The present controversy involves the residuary clause of her will, which is as follows: “Item VIII. All the rest, residue and remainder of my estate, real, personal and mixed, I give, devise and bequeath unto my hereinafter named Executors and Trustees, in trust nevertheless, the net income from which is to be paid to Camp Silver Bell, for the perpetual care and up keep of the Stephan Spiritualists Memorial which is located on the grounds of the Ephrata Park Association.

Issue

Did the trust established in Mary Stephan's will violate the rule against perpetuities, rendering it void?

Rule

The rule against perpetuities states that a contingent gift must vest within lives in being and 21 years; otherwise, it is void for remoteness.

Analysis

The court analyzed the will's provisions and determined that the trust was perpetual and did not specify a time limit for its vesting. Since the trust was contingent upon the uncertain event of Camp Silver Belle's dissolution, which may never occur, the court ruled that the gift was void under the rule against perpetuities. The court also found that the trust did not serve a charitable purpose, further supporting its decision.

Conclusion

The court affirmed the lower court's decree, ruling that both the trust and the subsequent gifts were void due to violations of the rule against perpetuities, and awarded the residuary estate to the next of kin.

Who won?

The next of kin prevailed in the case because the court found the trust and subsequent gifts void under the rule against perpetuities.

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Hageman v. Cleveland Trust Co., 45 Ohio St.2d 178, 343 N.E.2d 121, 74 O.O.2d 295

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