RULE AGAINST PERPETUITIES - TESTAMENTARY PROVISION MAKING GIFT VEST ON DISTRIBUTION OF TESTATOR'S ESTATE

Testator devised and bequeathed the residue of his estate to four specified chair officers of a lodge who were to be "the four chair officers in office at the time of distribution of my estate." These officers were elected annually. The lower court found that the clause was void as in contravention of sections 715 and 716 of the Civil Code of California. The four individuals holding the named offices in the lodge appealed. Held, affirmed.

In re Campbell's Estate, 94 Cal. App. Dec. 482, 82 P. (2d) 22 (1938).