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This entry was published on 2014-09-22
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SECTION 9-1.1
Rule against perpetuities
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 9, PART 1
§ 9-1.1 Rule against perpetuities

(a) (1) The absolute power of alienation is suspended when there are
no persons in being by whom an absolute fee or estate in possession can
be conveyed or transferred.

(2) Every present or future estate shall be void in its creation which
shall suspend the absolute power of alienation by any limitation or
condition for a longer period than lives in being at the creation of the
estate and a term of not more than twenty-one years. Lives in being
shall include a child conceived before the creation of the estate but
born thereafter. In no case shall the lives measuring the permissible
period be so designated or so numerous as to make proof of their end
unreasonably difficult.

(b) No estate in property shall be valid unless it must vest, if at
all, not later than twenty-one years after one or more lives in being at
the creation of the estate and any period of gestation involved. In no
case shall lives measuring the permissible period of vesting be so
designated or so numerous as to make proof of their end unreasonably
difficult.