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The fertile octogenarian and the unborn widow are two legal fictions from the law of real property (and trusts) that can be used either to invoke the rule against perpetuities to make an interest in property void or, alternatively and much more frequently, to demonstrate the seemingly bizarre results that can occur as a result of the rule. The ...
Illustration of the "unborn widow" example, for use in Rule against perpetuities. Source Using Inkscape. ... Rule against perpetuities: Width: 1252.1205: Height: 488
The rule against perpetuities is an example of how older property laws can influence how families transfer and inherit property rights. Well-meaning grantors create wills defining their wishes …
Intestate succession of property; procedures for making, interpretation, and revocation of wills (includes Statutory rule against perpetuities and Uniform Simultaneous Death Act) 3 Probate of Wills and Administration: Procedural rules for the probate process 4 Foreign Personal Representatives and Ancillary Administration
Duke of Norfolk's Case (1682) 3 Ch Cas 1; 22 ER 931 is an important legal judgment of the House of Lords that established the common law rule against perpetuities.The case related to establishing inheritance for grandchildren of Henry Howard, 22nd Earl of Arundel including grandchildren who were not yet born.
A further limitation is the rule against perpetuities in many states and countries which prohibits long-running pre-19th-century style successions of life tenancies and may result in the premature and compensation-entitling termination of such successive life interests. In England and Wales this is fixed at one lifetime, or 80 years whichever ...
Second, the "Contingency" (that I. S. would have a son that reached the age of 21 and paid his two sisters their 40 pounds each), was not too remote for purposes of the rule against perpetuities, because it was clear that the devisor intended that the first son of I. S. take, not some more distant descendant, and that the deviser's intent ...
The rule against perpetuities forbids the creation of interests that might vest after the established time period. This graphic depicts the forbidden scenario. Created for Rule against perpetuities. Source Created using Inkscape. Previously published: N/A Date 2013-03-04 Author Ocsenave. Permission (Reusing this file) See below.