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The Rule Against Stated


THE RULE AGAINST STATED. The rule against perpetuities may be stated as follows: No interest subject to a con dition precedent is good, unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.

The common law rule governing perpetuities is, that the condition must happen within a life or lives in being and twenty-one years and the period of ges tation thereafter.

In Wisconsin, New York, Minnesota, and perhaps some other states, the rule against perpetuities has been modified by statute so that the condition must happen within the period of the lives of two persons in being at the time of the creation of the estate. Where the common law rule has not been modified by statute, the rule is the same on both sides of the Atlantic.