Rule Against Perpetuities 禁止用永久权规则 一项普通法规则,指为使一项未来权益合法有效,则在设立该未来权益或立遗嘱人死亡后,必须于(一位或多位)受益人终身(如果受益人为胎儿,则还需另含其妊娠期)加上21年内,使该未来权益生效。 该规则被移入信托法,指非慈善信托如果存续期限超过生存受益人终身加上21年及妊娠期的总和,则为无效。 Deed 契
Worth checking out: Christopher Serkin,What Property Does, 75 Vand. L. Rev. 891 (2022). Covering (inter alia) property, rule against perpetuities, adverse possession,Lucasbackground principles, judicial and regulatory takings,Mahonv.Keystone Bituminous, and vested rights and am...
Barton Leach first developed a" guide book" to help the ordinary legal practitioner" analyze the case and acquire a sound background" 2 in the Rule Against Perpetuities (RAP). Notwithstanding that 1938 effort and others' laterHopperton, Robert J...
Because it is a vested interest, a reversionary interest is not subject to the Rule Against Perpetuities. 3.所有未来可继承利益均是“既定的” 尽管未来继承利益将来会成为所有权,但它是既得利益,而不是或有利益,因为拥有者和将成为所有权的事件都是确定的。即使归还权益是可确定的或可废止的,这也是事实...
Apply the common law Rule Against Perpetuities and what happens?Is B's shifting executory interest certain to vest or fail within 90 years of the date of the conveyance? Ex: TN RAP"O to A for life, then to A's first child to reach 30." (one child B is 10)What happens to ...
Restraints on Alienation (English Common Law): Description: Courts upheld conditions prohibiting land sale or devise (Re Rosher, 1884), restricting title transfers. Decentralized Origin: Developed through judicial enforcement of feudal and equitable principles (Gray, The Rule Against Perpetuities, 1886, ...
Updated coverage of the Rule Against Perpetuities; Many examples and explanations have been revised for greater clarity and effectiveness; Language in the text has been simplified where needed for even greater accessibility. With its focused coverage, concise format, and problem-based format, Property ...
Rule Against Perpetuities: •An interest is invalid unless it can be said, with absolute certainty, that it will eithervest or fail to vest, before the end of a period equal to: (1) a life in existence at the time the interest is created plus (2) an additional 21 years. •在土地...
Limitations of personal property, equally with those of real property, fall within the rule against perpetuities. (2) Personal property is not subject to various incidents of real property, such as rent, dower or escheat. (3) On the death of the owner intestate real property descends to the...
Rule Against Perpetuities prevents person from devising property unless legal title vests within 21 years Interest MUST vest within 21 years of the life in being DON'T WORRY ABOUT THIS UNLESS YOU'RE CERTAIN ITS A RAP QUESTION Joint Tenancy ...