This section contains the nature of the case and procedural background.

Testatrix had two sons, Cecil and Martin, and a total of seven grandchildren. She left her estate in trust, with her two sons as the life tenants. Upon Martin's death, his share of the income was to be paid to his widow. The trust was to terminate when Cecil, Martin, and Martin's widow died, and the youngest of the grandchildren turned twenty-five. Martin's widow was not named. Ten years after the will was admitted to probate, Cecil (P) challenged it as being in violation of the Rule Against Perpetuities. The lower court dismissed the complaint and P appeals.

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