Validating life in rule against perpetuities

John's living trust states that, upon his death, his cottage in Vermont will go to the first member of his boy scout troop to earn the eagle rank.The gift is void under the rule against perpetuities because it is possible that no one will earn the eagle rank from his boy scout troop during the lives in being at the time of John's death, plus 21 years.

John's living trust states that, upon his death, his friend Mary has the right to live in his house for her life, then the house is given to Mary's oldest child.The rule is often stated as follows: “No interest is good unless it must vest, if at all, not later than twenty-one years after the death of some life in being at the creation of the interest.” For the purposes of the rule, a life is "in being" at conception.Although most discussions and analysis relating to the rule revolve around wills and trusts, the rule applies to any future dispositions of property, including options.Suppose that John, from our examples above, wants to give his property to his son, Joseph, and Joseph's wife, and then to their children.Let's suppose that Joseph was married, but had no children, at the time of John's death.

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