applying approximation to a charitable trust to avoid rules against accumulation and perpetuities
How later courts described this case
- applying approximation to a charitable trust to avoid rules against accumulation and perpetuities
Written by the judges who cited it.
The opinion
LAWSON, Justice
(concurring specialty)-
I am of the opinion that the trust provisions of the will of former Governor Henderson, here under consideration, do not violate the rule against perpetuities or the Alabama statute which places a restriction upon trusts for accumulation only. § 146, Title 47, Code -1940. I, therefore, concur in the conclusion reached in the opinion of Mr. Justice Foster to that extent, on the authority of the opinion of this court in the case of Henderson et al. v. Troy Bank & Trust Co. et al., 250 Ala. 456 , 34 So.2d 835 . I also concur in the conclusion reached by Mr. Justice Foster that the said trust provisions do not violate the principle applicable to accumulations as it existed at common law.