In re Kountz's Trust

Supreme Court of Pennsylvania January 3, 1916

In re Kountz's Trust, 251 Pa. 582 (Pa. 1916)

96 A. 1097; 1916 Pa. LEXIS 508

Brown, Frazer, Mestrezat, Potter, Stewart

Opinion of the Court

Per Curiam,

The correct conclusion of the learned court below was that under Kountz’s Est. (No. 1), 213 Pa. 390, the deed of trust executed by Peninah W. Kountz on January 8, 1898, offended the rule against perpetuities and was therefore void. What was said by Mr. Justice Potter in that case of the will of the testatrix applies with equal force to her said deed.

Appeal dismissed at appellant’s costs.

Reference

Cited By: 4 cases
Status: Published
Syllabus: Deeds — Trusts—Rule against perpetuities — Violation. The owner of certain bonds conveyed the same in trust for the use of her seven children for their lives and provided “after the death of the last survivor of the seven children, the interest on the principal shall be equally divided among all of the grandchildren until ten years after the youngest shall have become of age, whereupon the principal shall be equally divided among them to be theirs absolutely to do with as to each may seem best.” Held, the deed violated the rule against perpetuities and the lower court properly awarded the principal to the heirs of the grantor.