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MATTER OF ESTATE OF ANDERSON

No. 58603.

541 So.2d 423 (1989)

In the Matter of the ESTATE OF Charles Maurice ANDERSON, Deceased. Howard W. DAVIS v. DEPOSIT GUARANTY NATIONAL BANK, Executor of the Last Will and Testament of Charles Maurice Anderson, Deceased, and Trustee of Charles Maurice Anderson, Testamentary Trust.

Supreme Court of Mississippi.

Rehearing Granted in Part and Opinion Modified March 22, 1989.

Attorney(s) appearing for the Case

Douglas E. Hassell, Ward, Martin & Terry, Vicksburg, William M. Champion, University, for appellant.

T.F. Badon, Liberty, for Deposit Guaranty National Bank.

D. Reginald Jones, Liberty, for heirs of Fred A. Anderson, Jr.

EN BANC.

ROBERTSON, Justice, for the Court:

I.

Today's testator, a bachelor during his lifetime, by will made substantial bequests to his favorite nephew. The rest of his estate he placed in trust to provide for the education of his nephews and nieces for the next twenty-five years, at the end of which the trust corpus and any undistributed income will also go to the favorite nephew.

We are told that the bequest in trust violates the Rule against Perpetuities...

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