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Division 1 Court of Appeals

Carol Henderson v. Pam Schmoll, et ano, case # 851560.

Edith Henderson executed a will leaving property to her daughter Jane Henderson, subject to a provision granting her son, Norman Henderson, a right to half of the sale proceeds when Jane sells the property. Norman predeceased Jane and then Jane then died without having sold the property. Carol Henderson, the special administrator of Norman’s will, filed suit against Pam Schmoll, the executor of Jane’s estate, asserting her right of the proceeds. Schmoll argued the rule against perpetuities voided the bequest while Carol contended that there was a constructive trust. Schmoll moved for summary judgment, which the trial court granted in part, reserving dismissal pending Carol’s motion to amend her complaint. Following oral argument on the amended complaint, the court found that Edith created an express trust exempt from the rule against perpetuities and granted Carol half of the property’s sale proceeds. Schmoll appeals. COA #851560. King County Superior Court # 20-2-03265-1.