A Practical Treatise on the Law of Perpetuity; Or, Remoteness in Limitations of Estates - As Applicable to the Various Modes of Settlement of Propert (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 edition. Excerpt: ... SUPPLEMENT TO THE CHAPTER ON THE ADJUNCTS OF OR ACCESSORY TO THE RULE AGAINST PERPETUITIES. In the principal work the doctrine was suggested, that in determining the validity or invalidity of testamentary dispositions under the Rule against Perpetuities, it is not permitted to advert to events taking place subsequently to the date of the will, although the death of the testator is the period for ascertaining the objects of his bounty. But, while so stating what he conceived to be the rule on this point, the writer remarked on its inconsistency with the other rule which computes the period of remoteness in testamentary gifts from the death of the testator, being the time when the will takes effect in law; just as the date of the deed is the period to be taken for that purpose, when the limitations are not created by will (a). And in another place (b), when speaking of the doctrine of qy pres, it was observed that wherever, independently of the construction of qy pres, a gift to a class of unborn issue would fail according to the state of events at the date of the will, then, notwithstanding the circumstance of some of the objects of it being born in the testator's lifetime, the rule of qy pres must be applied to the limitations as they would have stood had the testator died immediately after making his will, and that no exception is to be made in favour of those portions of the gift which, according to the events subsequent to the will, would have been valid in their original form. And the writer concluded that the authorities so far warranted the doctrine thus stated, that a decision then very recently pronounced in Vanderplank v. King (c) appeared not reconcileable with them, when it applied qy pres only to the extent that the (a)...