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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.
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 reforms introduced a statutory limitation on how long income could be accumulated before it must be distributed. In 2009, many of the Act's principles were further reformed by the Perpetuities and Accumulations Act 2009, which introduced a single, simplified perpetuity period of 125 years, replacing the earlier rules. [1]
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 …
The Perpetuities and Accumulations Act 2009 (c. 18) is an Act of the Parliament of the United Kingdom that reforms the rule against perpetuities. The Act resulted from a Law Commission report published in 1998. [3] It abolishes the rule against perpetuities in most non-trust contexts, such as easements. [3]
After much discussion and disagreement between the officials, the Permanent Settlement was made with the existing rajas and taluqdars of Bengal who were now classified as zamindars. They had to pay fixed revenue in perpetuity. Thus, zamindars were not the landowners but rather revenue collector agents of the state. [2]
[5] [6] But the trustees at Wells Fargo Bank were apparently concerned that the fund violated the rule against perpetuities as it was when Freeman died, which restricted most trusts from lasting more than 21 years beyond the life of a then-living person; the year 2010 marked 21 years since the death of Freeman's last descendant. [6]
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