Vanderbilt Law Review

Article Title

Future Interests

First Page



There were five cases in the field of Future Interests during the period' covered by this Survey. They were all decided by the Supreme Court of Tennessee. From the standpoint of doctrinal development, Mountain City Missionary Baptist Church v. Wagner, involving the relation of the possibility of reverter to the Rule against Perpetuities, was probably the most significant, although the point determined had perhaps been assumed previously in Tennessee. Pope v. Alexander drew a neat distinction between a trust for a "public" cemetery and a trust for a "private" cemetery with respect to the Rule against Perpetuities. A plausible suggestion is made which may be of interest and perhaps of some amusement. Hutchison v. Board offered an easier variation of that perfectly awful limitation "to A and his children." A summary of the many Tennessee cases is attempted. And by far the most difficult, in the light of previous Tennessee cases, are the complex construction problems involved in Long v. Wood and Third National Bank v. Harrison. Considered at face value, these cases indicate a surprising tendency to prefer a contingent construction over a vested construction, which after all may be desirable in view of the federal estate tax treatment of vested future interests.