1 validating or measuring lives a person who will enable you to prove that a

1 validating or measuring lives a person who will

This preview shows page 35 - 37 out of 50 pages.

1) validating or measuring lives- a person who will enable you to prove that a contingent interest will vest or fail within the life of or at the death of, or within 21 years after the death of the person. • the validating lives do not have to be persons mentioned in the instrument, but they must be persons who can affect vesting of the interest. • an interest cannot violate the RULE if it is vested upon creation Four steps to identify R.A.P. 1. When you do and do not have perpetuities questions: contingent remainders & executory limitations 2. To apply rule use crack the safe test- any possibility there is method this interest will not vest in time, the whole thing fails. • Created in deed or will 35
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• use devises instead of conveyance b/c conveyance is by deed and O is still alive and can still have children 3. 4 common cases: (1) the unborn widow rule, Example: to X for life, remainder to the widow of X for her life, then to the children who survive the widow. (2) Fertile octogenarian rule, Example: O conveys Blackacre to X for life, remainder to her children for their lives, remainder to X’ grandchildren. (3) Class gift- gifts to children with an age contingency beyond 21. gift must vest in every members of the class or it is void. Solve problem of R.A.P. Class closed by X’s death • Class closed by convenience- if one member • Watch out for the specific bequest: X is alive w/20 year old son gift to living child is valid and only the afterborn will lose under the rule. • Gifts to charities: a gift over from one charity to another does not have to satisfy the rule of perpetuities (4) look for Reform statute: USRAP- seeks to update the common law rule by using an alternative vesting period. a. The Common Law Rule Jee v. Audley - the gift to Mary Hall was subject to a shifting executory limitation/ interest ….. Failure of issue is called “indefinite”, which can occur at any time down stream • People can have children at any age, regardless of physical condition • a person of any age can adopt a child • Hall could have children at any time • The then surviving daughters interest won’t vest until Mary’s blood of line runs out This is a fee simple subject to her having heirs (vested) : there is still a contingent remainder -------- bc could be open, but first they have to be living at the time, the condition is open, and in order for it to be closed, she must die w/ no issue (children) indefinite failure of issue - when Mary’s bloodline runs out. Mary’s bloodline might run out at her death, if she leaves no decedents then living, or it might run out centuries hence, when her decedents disappear from the face of the earth. It is this second possibility that leads to a gift that might vest too remotely.
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