Brief Fact Summary. Testatrix Florence Coates (Testatrix) established a trust in her will to pay net income to her daughter for life, and upon her daughter’s death, to the daughter’s children, and upon the death of the last of her grandchildren, to be divided among her great-grandchildren per stirpes. Upon the death of the great-grandchildren, one-half of the principle was to paid to Appellant hospital. Appellant hospital challenged the great-grandchildren’s income interests as invalid against the rule of perpetuities.
Synopsis of Rule of Law. Valid remainder interests may be separated from possibly void interests under the doctrine of vertical separability.
Issue. Can the doctrine of vertical separability apply to valid remainder interests under a will in order to avoid destruction of future interests under the Rule Against Perpetuities?
Held. Yes. Here, the Doctrine of Vertical Separability is applicable to preserve the remainder interests of Testatrix’s great-grandchildren. The remainder interests to Testatrix’s great-grandchildren became fixed upon the death of each grandchild, and are therefore valid even though those interests did not vest upon the death of each grandchild. Because the remainder interests are valid, these interests can be separated from possibily void interests under the doctrine of vertical separability. By so separating the grandchildren’s interests, the Testatrix’s overall testamentary plan is not disturbed or altered.
In reviewing the decision of the orphans court, our task is to assure that the record is free from legal error and to determine if the chancellor's findings are supported by competent and adequate evidence, and are not predicated upon capricious disbelief of competent and credible evidence.View Full Point of Law