Deeds — Construction — Powers of appointment — Rule against perpetuities — Limitations — Restatement, Property — Restatement, Trusts.
1. In determining whether an inter vivos trust in which the settlor reserves to himself both a life estate in the trust and a general testamentary power of appointment over the corpus violates the rule against perpetuities, the remoteness of limitations is measured from the execution of the deed rather than the time of the exercise of the power. [349]
2. Restatement, Property, sections 278 and 373, cited. [349]
3. Restatement, Trusts, sections 127 and 339, cited. [350]
4. Where there is, first, a limitation to the children of B, if living, and if not, second, a limitation to C, both limitations are contingent. [352-5]
Argued April 8, 1946.
PER CURIAM, May 27, 1946:
The decree of the court below is affirmed on the opinion of Judge HUNTER; appellant to pay the costs.