State v. Lodge & Parrish

Summary

The Delaware court overruled a demurrer in a case concerning a testamentary bequest for cemetery maintenance. The court held that the legacy was not void for indefiniteness because the amount could be ascertained, and that the direction did not violate the rule against perpetuities. It further determined that the trust, to be administered in Pennsylvania, was valid under Pennsylvania law and not contrary to Delaware public policy.

Holdings

1. The legacy is not void for indefiniteness because the amount is ascertainable from the will or extrinsic evidence.
2. The direction does not violate the rule against perpetuities because the trust is to be administered in Pennsylvania, where such perpetual trusts for cemetery care are valid by statute.

Questions Presented

1. Whether the legacy is void for indefiniteness and uncertainty.
2. Whether the direction violates the rule against perpetuities.

Disposition

other