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
On Rehearing.
PER CURIAM.
The judgment heretofore rendered is modified so that all the costs which have accrued in this case be taxed against Troy Bank & Trust Company, as trustee.
All the Justices, except GOODWYN, J., not sitting, agree to' such modification.
As modified, the application for rehearing is overruled.
LIVINGSTON, C. J., and FOSTER, LAWSON and STAKELY, JJ., concur.
BROWN and SIMPSON, JJ., dissent and think the rehearing should be granted.
LAWSON, J., expresses his reasons for concurring in the result as follows: