North Carolina Business Litigation Report

Brown Brothers Harriman Trust Co. v. Benson, February 26, 2009 (Diaz)(unpublished)

N.C. Gen. Stat.  §41-23, which repealed the common law Rule Against Perpetuities as well as the Uniform Statutory Rule Against Perpetuities (N.C. Gen. Stat. §41-15) as they apply to trusts created or administered in North Carolina is constitutional.

The prohibition against “perpetuities and monopolies” found at Article I, Section 34 of the North Carolina Constitution applies only to unreasonable restraints on the alienation of property and not to the vesting of remote interests.

Full Opinion

Plaintiff's Brief in Support of Motion for Summary Judgment

Defendant's Brief in Opposition to Motion for Summary Judgment

Plaintiff's Reply Brief in Support of Motion for Summary Judgment

Amicus Brief of North Carolina Bankers Association

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Campbell Law Review - August 19, 2009 7:15 PM

We encourage anyone interested in this matter to take a look at "Allowing Perpetuities in North Carolina," an article that was recently published in the Campbell Law Review. The author is John V. Orth, a professor at the UNC School of Law.

It can be accessed at

-Campbell Law Review

Mack Sperling
Brooks Pierce, LLP
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