CURTIS v. CITIZENS BANK & TRUST CO. OF LEXINGTON, KY.


318 S.W.2d 33 (1958)

Evelyn Rees CURTIS, Guardian of Frank J. Rees, Jr., etc., Appellant, v. CITIZENS BANK & TRUST COMPANY OF LEXINGTON, Ky., Executor, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 12, 1958.


Attorney(s) appearing for the Case

Allen, Duncan, Duncan & Arnold, Stoll, Keenon & Park, Robert M. Odear, Lexington, for appellant.

Clem F. Kelly, Lexington, for appellee.


CLAY, Commissioner.

This is a declaratory judgment action involving the question of whether or not a testamentary trust violates the rule against perpetuities. The Chancellor adjudged it did not.

KRS 381.220 provides in part as follows:

"The absolute power of alienation shall not be suspended, by any limitation or condition whatever, for a longer period than during the continuance of a life or lives in being at the creation of the estate...

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