dissenting.
The majority opinion does not state whether the trust is void because the estates do not vest within the Rule Against Perpetuities or the duration of the trust exceeds the limits of the rule. The opinion relies on Fuller v. Fuller, 217 Ga. 316 (2) (122 SE2d 234) (1961), which also does not specify the basis for its holding. However, a review of theFuller record shows the trust clearly violated the rule with regard to the vesting of the estates.1 Furthermore, the citations supporting the conclusion in Fuller involved the vesting of estates which violated the rule.
*14If the ruling of the majority here is that the estates violate the rule, I must disagree.2 The son and son-in-law clearly have life interests in the property and are the measuring lives. Whatever the remainder interests may be, they clearly vest at the death of the measuring lives. There are no contingent remainders.
If the ruling of the majority here is that the duration of the trust estate is void because it violates the rule, I must disagree. Fuller, as pointed out above, does not address duration of the trusts and the case is concerned with contingent remainders which violate the rule. Furthermore, Georgia’s Rule Against Perpetuities (Code Ann. § 85-707) is said to be the common law rule which applied only to the vesting of contingent estates, not duration of trusts. Fuller was applied to the duration of a trust in Burton v. Hicks, 220 Ga. 29 (136 SE2d 757) (1964). It has been criticized. See 17 Mercer LR 208, 212 (Fall, 1965). The ruling is contrary to the general rule in other jurisdictions. 24 EGL 25, Perpetuities, § 17; Pindar, Ga. Real Est. Law 282, § 7-151. Furthermore, eight months after the Fuller decision this court decided Erskine v. Klein, 218 Ga. 112 (126 SE2d 755) (1962), which upheld a trust for 50 years where the remainders vested within the Rule. It was stated, "As vested remainders are not subject *15to the rule against perpetuities, it follows that the rule against perpetuities does not apply to reversions.” Fuller was distinguished "... since there the trust was followed by a gift over to the settlor’s children, not by a reversion.” From the facts of the Fuller case the only logical conclusion is that this court recognized that the void remainder in Fuller was a contingent remainder barred by the rule. Also, three weeks later this court decided Lanier v. Lanier, 218 Ga. 137 (126 SE2d 776) (1962) in which CJS was cited with approval that "... beneficial interests under or after a trust, which are vested immediately or will necessarily vest, if ever, within the period prescribed by the rule, are good, even though the trust may continue beyond such time ...”
In my opinion Fuller has been misinterpreted and Burton is erroneous. I dissent here because the majority perpetuates the error.
"I direct that my estate be liquidated and closed not later than twenty-five (25) years after my death by disbursing the residue to my children then in life or child or children of any of my deceased children. The grandchildren shall be given only the share their deceased parents would have received in distribution had said parent or parents been living at the time of said final distribution.” Record in Fuller v. Fuller, supra.
"I give, devise, and bequeath my home in Dillard, Georgia unto my son, JOSEPH G. CAMP, JR., and my son-in-law, CLAUD V. CAPERS, to be theirs jointly and to be held by them for a period of twenty-five (25) years for the use of their families and my grandchildren as a summer vacation place. At the end of the said twenty-five (25) years, if my son and son-in-law desire to sell said property or their heirs desire to sell the said property, then the same may be sold and the proceeds divided among my son and his heirs and my son-in-law and his heirs, per stirpes. I further direct that my said son, JOSEPH G. CAMP, JR., and my son-in-law, CLAUD V. CAPERS, shall be responsible for the taxes and upkeep of both the above properties, each as to one-half (1/2) thereof, during the time said properties are owned by them.” Record in Capers v. Camp.