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Contingent Future Interests

Step 6 The surviving son’s life estate becomes possessory upon the death of A, and the class is also closed by that event, so that his estate does not violate the rule. However, he could live for longer than 21 years, or he could die sooner. Thus there is no guarantee that the grandchildren’s remainder in fee simple will close (remember that it is vested already) or not within 21 years. The remainder violates the rule and is struck out. Possession reverts to O, or his heirs, after the surviving son dies. Charity to Charity Exception Transfers from one charity to another are not subject to the rule, even if they violate it. Statutory Remedies The harsh effects of the Rule Against Perpetuities have led most jurisdictions to modify it in one of three ways:
“Wait and see” statutes Instead of making an immediate decision as to whether or not a future interest violates the rule, “wait and see” if it ends up violating the rule. Thus, the court will only strike out an interest if, 21 years after the death of the last life in being, the interest actually did not succeed or fail.
Cy-pres (comme possible) statutes Instead of striking out the invalid provision, courts try to reform the grant to achieve the grantor’s intent as nearly as possible without violating the rule. The process, however, is done at the time the grant is made.
Cy-pres and “wait and see” statutes Some jurisdictions have combined both, so that courts will “wait and see” until a problem actually arises and will then reform the grant if possible.


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