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Rule Against Perpetuities - Equitable Modification - Private Testamentary Trust, David R. High

Duquesne Law Review

The Supreme Court of Appeals of West Virginia has adopted a doctrine of equitable modification, to be applied to a non-charitable devise or bequest which violates the Rule Against Perpetuities in order to revise the instrument in a fashion that effectuates a testator's general intent within the limitations established by the Rule.

Berry v. Union National Bank, 262 S.E.2d 766 (W. Va. 1980).