dissenting.
I respectfully dissent to Division One of the opinion. I do not believe that a testator should be allowed to violate the rule against perpetuities and then prevent the operation of OCGA § 44-6-1 (a) by slipping in a saving clause. I believe that this testator fully intended to violate the rule and that his inclusion of the in terrorem clause indicates his intention. This testator would have had the property tied up long beyond the permissible period if the appellants in this case, who had all to gain and nothing to lose, had not challenged the will. The remote interests should have been declared void and the limitations which were not too remote should have vested in the last legal takers as mandated by OCGA § 44-6-1 (a). At the least, a jury question is involved as to intent based upon the testator’s actions. I think a saving clause in a will to nullify the rule against perpetuities is best described thusly: It’s better than Grace — you don’t even have to repent.