Sunday, February 08, 2026

RAP: Some Hypos

  
                         The Rule Against Perpetuities: Test Your Might!

        Apply the Rule Against Perpetuities to each of the following hypothetical future interests:
1.     To A and his heirs so long as the property is used for church purposes then to B and her heirs.
2.     To A and his heirs on the condition that the property is used for church purposes and upon breach of such condition to B and her heirs.
3.     To A for life then to the first child of A who graduates from law school. Assume A is alive and that no child of A has yet graduated from law school. Does it matter if the relevant state has abolished the Doctrine of Destructibility of Contingent Remainders?
4.     To A for life then to the first child of A who reaches age 25. Assume A is alive and that no child of A has yet attained the age of 25. At the time of the conveyance A has 2 children: Bob who is 15 and Sally who is 13.
5.     On January 1, 2024, Grutz conveys to A for life then to such of A’s descendants who are alive on January 1, 2050. Suppose the date was January 1, 2043?