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

Chun died on August 11, 1954, leaving a will executed on September 28, 1953. When he died, Chun left his wife, four sons, and twelve daughters. The present action was filed in 1967 when his issue included children, grandchildren, and great-grandchildren numbering 135 of whom less than 85 were living when Chun died. The will of Chun provided that the trust that was created will terminate on his wife's death or 30 years from the date of Chun's death whichever shall be the last to occur. The trustee filed a petition because there was a possibility that it might be in violation of the Rule Against Perpetuities.

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