When considering the Rule against Perpetuities, you don't look for a particular person as the life-in-being, rather you look at the facts and ask, "Could everyone alive at the time of the grant die and 21 years pass before the interest might vest?" If the answer is yes, then the grant is void as violative of the Rule Against Perpetuities.
Just a refresher before all the bar reviews.
1 comment:
I cannot begin to describe the entire extent of the horror I felt when I clicked on the link to your blog from V&V and was immediately greeted by the phrase "Rule Against Perpetuities." I had a bad flashback that included a vision of various moon phases, plus one CivPro professor with a bad case of dandruff (how did he get in there?) ... I'm going to go lie down with a cold cloth on my head ...
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