In a decision dated February 2, 2010, the North Carolina Court of Appeals upheld the Superior Court Judge’s 2009 decision in Brown Brothers Harriman Trust v. Anne P. Benson, et al. Click here for my previous post about this case.
The Court of Appeals ruled that North Carolina’s constitution does not require application of the common law rule against perpetuities’ restriction of the remote vesting of future interests in property. The court held that N.C.G.S. Section 41-23, which repealed the common law rule against perpetuities (in 2007), is a valid exercise of the General Assembly’s authority. Brown Brothers Harriman Trust Co., N.A., as Trustee of the Benson Trust v. An