(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 case12.Modern Softy Doctrinesa.Wait and see doctrine – interests are only invalid if they actually vest 21 years after the death of alllives in beingb.Cy Pres Doctrine – invalid interest is reformed to resemble the intentions of the donee as closely as possible13.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
INVALID GIFTSEXAMPLEVALIDATING LIFEEXPLANATIONTo A for life, then to A’s first child to build cat hospitalAA’s first child to build cat hospital may be an afterborn child who builds more than 21 years after A diesTo A so long as not used forcat hospital, then to B and heirs A and BCat 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 heirsA and BB’s interest void for reason given above. B’s interest is stricken. A left with fee simple absoluteOption to A and her heirsA Option may be exercised more than 21 years after A dies. Invalid. VALID GIFTSEXAMPLEVALIDATING LIFEEXPLANATIONTo A for life, then to B if B returns from RomeBCondition must happen within B’s life if at allTo A for life, then to A’s children for life, then to BBB’s remainder is vested upon creationTo A for life, then to A’s children for life, then to B ifB is living, and if not living,to CBEither B’s or C’s remainder will vest within B’s lifetime and 21 years. INVALID GIFTS – CLASS GIFTSEXAMPLEVALIDATING LIFEEXPLANATIONTo A for life, then to A’s children for their lives, then to A’s grandchildrenA The class of grandchildren won’t close until the death of all A’s children, one ofwhom 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 livingAClass of issue won’t close until widow’sdeath, who may be woman not yet born.(unborn widow case)To my issue living when myestate is distributedNoneClass of issue may close too remotely (distribution of estate)To A for life, then to A’s children who reach 25A 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 25A 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
VALID GIFTS—class gifts EXAMPLEVALIDATING LIFEEXPLANATIONDevise “to my grandchildren who reach 21”O’s children
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Life estate, Fee simple, Real property law, Future interest