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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [1]: 181 It was applied as early as 1366 in The Provost of Beverly's Case [1]: 182 [2] but in its present form is derived from Shelley's Case (1581), [3] in which counsel stated the rule as follows:
[1]:n.1 His second footnote recited the infield fly rule in its entirety, followed by a dry observation that "Depending upon the circumstances, other rules which may or may not apply to a particular situation include, inter alia, [the Federal Rules of Civil Procedure], Rule Against Perpetuities, and Rule of Matthew 7:12 & Luke 6:31 (Golden ...
The Pennsylvania Code is a publication of the Commonwealth of Pennsylvania, listing all rules, regulations, and other administrative documents from the Government of Pennsylvania. [ 1 ] [ 2 ] Citation
In the event of a breach the property returns to the grantor or the grantor's heirs. The return happens automatically, hence the argument can be made that there is no state actions. However, according to a constitutional argument the mere fact that the state recognizes the validity of an automatic transfer makes it a state action.
The doctrine is considered by some to be an application of sovereign immunity to areas of law concerning statutes of limitations. [4] While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related.
The Pennsylvania Supreme Court ruled that mail ballots that are improperly dated won't be counted in November, a move that could have major implications in the battleground state.
The Pennsylvania Bulletin is a weekly journal produced by the Commonwealth of Pennsylvania.Created on a weekly basis by staff in the Legislative Reference Bureau of Pennsylvania, which is housed at the Pennsylvania State Capitol building in Harrisburg, Pennsylvania, this publication serves as "the Commonwealth's official gazette for information and rulemaking" and is released for public ...