a This violates the rule since it is testamentary the statute starts to run at

A this violates the rule since it is testamentary the

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(a) This violates the rule – since it is testamentary, the statute starts to run at time of conveyance. (b) Therefore, the estate reverts back to the donee – E in this case 12. Modern Softy Doctrines a. Wait and see doctrine – interests are only invalid if they actually vest 21 years after the death of all lives in being b. Cy Pres Doctrine – invalid interest is reformed to resemble the intentions of the donee as closely as possible 13. Rule of Perpetuities Fun Time : Jee v. Audley , p. 333: Life estate to widow, fee tail to niece, takers in default are daughters of testator’s kinsmen. Violates the Rule. Limitation to daughters of Jee violates Rule b/c chance that Jee’s could have more children after testator died. Court says you can’t use Mary Hall as measuring life b/c fee tail and has possible perpetual duration. Can’t use Jee’s b/c Hall’s estate could go from one generation to another and end after Jee’s are dead. Can’t use daughters of Jee b/c might be after-born daughters. 15
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INVALID GIFTS EXAMPLE VALIDATING LIFE EXPLANATION To A for life, then to A’s first child to build cat hospital A A’s first child to build cat hospital may be an afterborn child who builds more than 21 years after A dies To A so long as not used for cat hospital, then to B and heirs A and B Cat hospital may rise after 21 years after A dies and B’s heirs will claim interest. B’s interest is struck down, leaving O with possibility of reverter and A with fee simple determinable. To A, but if used for cat hospital to B and heirs A and B B’s interest void for reason given above. B’s interest is stricken. A left with fee simple absolute Option to A and her heirs A Option may be exercised more than 21 years after A dies. Invalid. VALID GIFTS EXAMPLE VALIDATING LIFE EXPLANATION To A for life, then to B if B returns from Rome B Condition must happen within B’s life if at all To A for life, then to A’s children for life, then to B B B’s remainder is vested upon creation To A for life, then to A’s children for life, then to B if B is living, and if not living, to C B Either B’s or C’s remainder will vest within B’s lifetime and 21 years. INVALID GIFTS – CLASS GIFTS EXAMPLE VALIDATING LIFE EXPLANATION To A for life, then to A’s children for their lives, then to A’s grandchildren A The class of grandchildren won’t close until the death of all A’s children, one of whom may not be now alive. ( Fertile octogenarian case ) To A for life, then to A’s widow for life, then to A’s issue then living A Class of issue won’t close until widow’s death, who may be woman not yet born. ( unborn widow case) To my issue living when my estate is distributed None Class of issue may close too remotely (distribution of estate) To A for life, then to A’s children who reach 25 A A may die leaving a child under age 4, who doesn’t satisfy condition w/in 21 years of A’s death. To A for life, then to A’s grandchildren who reach 25 A Even if A has grandchild age 25 at time of gift who can close class at A’s death under rule of convenience, in that class may be an afterborn grandchild of A under the age of 4 (as above) 16
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VALID GIFTS—class gifts EXAMPLE VALIDATING LIFE EXPLANATION Devise “to my grandchildren who reach 21” O’s children
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  • Spring '07
  • N/A
  • Life estate, Fee simple, Real property law, Future interest

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