Legal Definition and Related Resources of Perpetuities, Rule Against

The rule prohibits the creation of future interests or estates which by possibility may not become vested within a life or lives in being at the time of the testator ‘s death or the effective date of the instrument creating the future interest , and twenty-one years thereafter . See Fitchie v Brown, 211 U.S. 321, 29 S.Ct. 106, 53 L.Ed. 202. The period of gestation of an unborn is also included for the purpose of calculation where it is necessary to cover cases of posthumous child. McArthur v Scott, 113 U.S. 340, 5 S.Ct. 652, 28 L.Ed. 1015.

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Perpetuities, Rule Against in Historical Law

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