perpetuity

perpetuity (p[schwa]r-p[schwa]-t[y]oo-[schwa]-tee).

1. The state of continuing forever.

2. Hist. An unbarrable entail.

3. Hist. An inalienable interest.

4. An interest that does not take effect or vest within the period prescribed by law. • In reference to the rule against perpetuities, only sense 4 is now current. See RULE AGAINST PERPETUITIES. [Cases: Perpetuities

4. C.J.S. Perpetuities §§ 2, 12.]

“A perpetuity is a thing odious in law, and destructive of the Commonwealth; it would put a stop to commerce and prevent the circulation of the riches of the Kingdom, and therefore is not to be countenanced in equity. If in equity you could come nearer to a perpetuity than the rules of Common Law would admit, all men being desirous to continue their estates in their families, would settle their estates by way of trust; which might indeed make well for the jurisdiction of the court, but would be destructive of the commonwealth.” (1683) 1 Vern. 163(per Lord North) (as quoted in George W. Keeton, English Law: The Judicial Contribution 118 (1974)).


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