The Supreme Court of Appeals of West Virginia has adopted a doctrine of equitable modification, to be applied to a non-charitable devise or bequest which violates the Rule Against Perpetuities in order to revise the instrument in a fashion that effectuates a testator's general intent within the limitations established by the Rule.
Berry v. Union National Bank, 262 S.E.2d 766 (W. Va. 1980).
David R. High,
Rule against Perpetuities - Equitable Modification - Private Testamentary Trust,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol19/iss3/9