The Rule Against Perpetuities

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Little, Brown,, 1906 - Perpetuities - 664 pages
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Page 519 - ... during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will, or other assurances, directing such accumulations, would, for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be accumulated...
Page 100 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 130 - ... and the heirs of his body; and in default of such issue then, over,
Page 498 - ... all estates given in tail shall be and remain an absolute estate in fee simple to the issue of the first donee in tail.
Page 149 - The general principles which apply to this case are not disputed: the limitations of personal estate are void, unless they necessarily vest, if at all, within a life or lives in being and 21 years or 9 or 10 months afterwards. This has been sanctioned by the opinion of judges of all times, from the time of the Duke of Norfolk's case to the present: it is grown reverend by age, and is not now to be broken in upon...
Page 16 - All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates.
Page 599 - That the general intent should overrule the particular is not the most accurate expression of the principle of decision. The rule is, that technical words shall have their legal effect, unless from subsequent inconsistent words it is very clear that the testator meant otherwise.
Page 255 - That what by the old law was deemed a devise upon condition would now, perhaps, in almost every case, be construed a devise in fee upon trust, and by this construction, instead of the heir taking advantage of the condition broken, the cestui que trust can compel an observance of the trust by a suit in equity.
Page 475 - The Rule against Perpetuities is not a rule of construction, but a peremptory command of law. It is not, like a rule of construction, a test, more or less artificial to determine intention. Its object is to defeat intention. Therefore, every provision in a will or settlement is to be construed as if the Rule did not exist. Then, to the provisions so construed, the Rule is to be remorselessly applied.
Page 79 - They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain.

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