Woestman v. Union Trust & Savings Bank of Pasadena

50 Cal. App. 604 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that the testamentary trust was not void under the rule against perpetuities, as its duration was measured by the lives of the beneficiaries, and that the trust could not be terminated by the consent of the present beneficiaries because not all contingent remaindermen were in being or before the court. However, the court further held that the undistributed income from the trust, beyond the fixed $50 monthly payments, constituted an illegal accumulation that belonged to the beneficiaries.

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