Date: September 26th, 2017 9:59 AM
Author: Zombie-like Azn Patrolman
From my spring '03 outline:
THE RULE AGAINST PERPETUITIES
”No interest is good unless it must vest, if not at all, no later than 21 years after some life in being at the creation of the interest”
This means a life in existence (and specified in document) at the time of the conveyance, and an additional 21 years.
This will be judged at the time it is created.
“to A for life, remainder to the first son of A whenever born who becomes a clergyman”
Son of A is measuring life. A is measuring life, then 21 years, not necessarily. Conveyance no good.
THE RAP APPLIES TO:
 Contingent remainders? YES
 Vested remainders? NO
 Reversion? NO
 Exectory Interests? YES
 Options to purchase land? Maybe
- Options as part of a lease? (cheater book says no). – Options not as a part of a lease? (cheater book says yes)
Special situations
 Fertile Octogenerian
Everybody is fertile, no matter what science says
“to A for life, then to A’s surviving children for life, then to the surviving children of B”
B is 80 at time of conveyance.
A is alive at time of creation of interest.
A’s children are alive, fine.
B has 3 surviving children, is 80, but could still have children. Class rules – if one is not good, they all fail.
 Unborn Widow
“to A for life, then to A’s widow, then to the issue of A and A’s widow who survive them”
A is alive, fine.
A could remarry someone born after the creation of interest, then that breaks rule because it widow is a measuring life.
 Class Gifts
If one is bad, they are all bad.
This is triggered if there could be people added to the class.
“ to A, then to A’s surviving children who attain the age of 25.”
At time of interest, A has 2 children. B and C.
D, third child born after interest, would not necessarily reach age 4 (to satisfy 21 years) at death of A, both B and C’s interest is destroyed.
If they are also identified by name, “my three children”, or A, B, and C, it is not a class gift.
 “Wait and See” statutes.
Many states reject this above common law rule, and just see if the thing vests or not, the chance that the thing will not vest is not considered.
This rule smokes Unborn widow and Fertile Octogenerian situations.
(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34299013)