Private Law Theory

Introduction:
… This Comment will explore [the] R[ule] A[against] P[erpetuities]’s common law principles as well as the New York modifications of the remoteness of vesting and suspension of alienability applications. Section II of this Comment will delve into the original creation of the RAP as well as its common law application. Section III will explore New York’s codification of the common law rule. Section IV will probe into New York’s minor modifications of the common law rule in relation to the fertile octogenarian rule, the reduction of the age contingency savings provision, and the unborn widow rule. Section V will analyze RAP’s common law application to non-commercial option contracts as well as New York’s major modification applying the RAP to commercial option contracts. Finally, this Comment will conclude that New York’s modifications to the RAP have refined the common law RAP by preserving the underlying purpose of the RAP as well as the intent of grantors and testators … (more)

Durante, Kyle G (2016) ‘A Modern Guide to the Modifications of the Rule Against Perpetuities in New York’, Touro Law Review: Vol 32: No 4, Article 14.

First posted 2016-10-11 06:48:13