In re Estate of Maguire

The opinion of the court was delivered by In this appeal we are concerned with the interpretation of the
last will and testament of John F. Maguire. The foremost and
primary question is stated by the parties to be whether the
seventh paragraph violates the rule against perpetuities and is
an unreasonable restraint on alienation. Mr. Maguire died December 26, 1932, being survived by his wife,
Kathryn, who died July 8, 1966, and the following children: a
daughter, Nellie Maguire Green, formerly Nellie Maguire Idol, who
died January 9, 1945; a son, John F. Maguire, Jr., who died
November 18, 1966; and a daughter, Lillian Maguire McNutt, who is
still living. In his will the testator devised a life estate in
all his real property to his wife, Kathryn, and devised the
remainder interests therein to his children in separate parcels.