Any person alive at the testator’s death may be employed as a measure of “lives in being.”Broadway Nat’l Bank v. Adams (1882)
Facts: The creditor sued an income beneficiary in an attempt to attach the trust income. The grantor had expressly provided that the income shall remain “free from the interference or control of his creditors.”
Issue: May the founder of a trust attach to the trust a condition that the income from it cannot be alienated?
Rule: A person may create a trust in favor of a beneficiary, and provide that it shall not be alienated by him, nor be seized by his creditors in advance of its payments to him.Brown v. Independent Baptist Church of Woburn (1950)
Facts: The defendant held a determinable fee that might last indefinitely.
Issue: Can the Rule Against Perpetuities prevent a possibility of reverter from passing through a will’s residuary clause?
Rule: The Rule Against Perpetuities does not apply to reversionary interests such as possibility of reverter.Central Delaware County Auth. Greyhound Corp. (1991)
Facts: Two parcels of land had been conveyed to Central Delaware. Both deeds contained a fee simple interest subject to a restrictive covenant, giving the grantor or its successor the right to repurchase the land if the Authority ceased to use it for public purposes.