Testator provided that a trust "cease and determine upon the death of my wife... or thirty years from the date of my death, whichever shall last occur... ." After finding the provision violative of the Rule Against Perpetuities, the Supreme Court of Hawaii judicially adopted the cy pres (equitable approximation) doctrine to uphold the trust by shortening the period from 30 to 21 years. The court held specifically that "any interest which would violate the Rule Against Perpetuities shall be reformed within the limits of that rule to approximate most closely the intention of the creator of the interest." In re Estate of Chun Quan Yee Hop, 469 P.2d 183 (Hawaii 1970).
Trusts—Rule Against Perpetuities—Cy Pres: Dominant General Testamentary Intent as a Prerequisite to Application—In re Estate of Chun Quan Yee Hop, 469 P.2d 183 (Hawaii 1970),
46 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol46/iss4/6