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CARROLL v. ROBINSON

No. 5-5255.

454 S.W.2d 329 (1970)

Thomas W. CARROLL, Appellant, v. A. C. ROBINSON, Executor, McIlroy Bank of Fayetteville, Ark., Trustee, Appellees.

Supreme Court of Arkansas.

June 1, 1970.

Attorney(s) appearing for the Case

Little & Lawrence, Bentonville, for appellant.

Wade, McAllister, Wade & Burke, by David R. Malone, Fayetteville, for appellees.

HOLT, Justice.

Appellant is the sole heir of his father. He brought this action to have his father's testamentary trust declared invalid and to have the estate distributed as intestate property, contending that the trust violates the rule against perpetuities and unduly restrains the alienation of property. The probate court found that the trust does neither and ordered the executor of the testator's estate to deliver to the trustee, the appellee McIlroy Bank, the...

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