TRUSTS.....CHARITABLE ACCUMULATIONS-PROVISION FOR INDEFINITE ACCUMULATION

Testatrix left real and personal property in trust with directions that one half of the income should be paid to nine designated charities and that the other half should be "invested and reinvested . . . for the preservation of the . . . Memorial Fund in perpetuity." In a suit for instructions filed by the executor and the trustee, held, reversing the decision below, the trust is void as a private trust created to endure longer than the period limited by the rule against perpetuities. The dominant purpose of the testatrix, as revealed in the provision for accumulation, was not to benefit charity but to secure the perpetual preservation of the fund. Porter v. Bayard, (Fla.

1946) 28 S. (2d) 890.