In re Estate of Anderson – Case Brief
In re Estate of Anderson, 541 So.2d 423 (Miss. 1989).
Facts: The decedent, Charles Anderson, left specific bequests to his nephew Howard Davis. The will provided for the education of the descendants of Anderson’s father for a period of 25 years. At the end of the 25 year period Davis was to receive the trust property if alive. If Davis had died the trust property would go to the heirs of his body. The descendants of Anderson’s father included five grandchildren and ten great grand children.
Davis challenged the provisions as violating the Rule Against Perpetuities. The court modified the will by adding a provision that it would be good for 25 years or 21 years from the death of Davis, whichever occurred first. Davis appealed, asserting that interests given to the descendants were contingent executory interests, and that they were void because they might fail to vest within the perpetuities period.
Issue: Can equitable modification be used to render enforceable a provision that would otherwise violate the Rule Against Perpetuities?
Holding and Rule: Yes. Equitable modification can be used to render enforceable a provision that would otherwise violate the Rule Against Perpetuities.
The court stated that there were doctrines that served to eliminate the harsh effects of the Rule Against Perpetuities: wait and see, abolition of the all or nothing, and implied savings clause. The court affirmed the equitable modification, holding that since Davis was alive and the interests of the heirs of Davis’ body would vest or fail within 21 years from the date of the appeal, the court had “waited and seen” and Davis’ challenge was denied.
Disposition: Affirmed.