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HAGEMANN v. NATIONAL BANK & TRUST CO.

Record No. 760745.

237 S.E.2d 388 (1977)

Anne Mutter Woodward HAGEMANN and Fletcher D. Woodward, Jr. v. NATIONAL BANK AND TRUST COMPANY, Administrator, C. T. A. of the Estate of Mildred Hart Woodward, Deceased, and Trustee U/W Mildred Hart Woodward, Malcolm P. Woodward, Katherine D. Woodward and infant beneficiaries, now born or as yet unborn, under Article Eight of the Will of Mildred Hart Woodward.

Supreme Court of Virginia.

September 1, 1977.

Attorney(s) appearing for the Case

Lewis A. Martin, Jr., Charlottesville, for appellants.

Francis L. Buck, Gary M. Nuckols, Charlottesville (Harold R. Bailes; Paxson, Smith, Boyd, Gilliam & Gouldman, P. C., Bailes, Lindstrom & Tucker, Ltd., Charlottesville, on briefs), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

In this appeal, we are asked to construe a will to determine whether the residuary clause violates the rule against perpetuities.

The will of Mildred Hart Woodward, executed January 15, 1971, was admitted to probate on March 16, 1971 and National Bank and Trust Company, the trustee named in the will, qualified as administrator, c. t. a. The testatrix was survived by her children, Anne Mutter Woodward...

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