The Rule against Perpetuities is not a rule of construction, but a peremptory command of law. It is not, like a rule of construction, a test, more or less artificial to determine intention. Its object is to defeat intention. Therefore, every provision... Southern Reporter - 469 페이지1925전체보기 - 도서 정보
| 1910 - 1164 페이지
...contingent event.' "As was said by Professor Gray, in his Work on the Rule Against Perpetuities, § 629: 'The rule against perpetuities Is not a rule of construction,...defeat intention. Therefore every provision in a will of settlement is to be construed as if the rule did not exist, and then to the provision so construed... | |
| 1915 - 1138 페이지
...lost appreciation in the value of the surface. But all that can make no difference. As already seen, the rule against perpetuities is not a rule of construction,...determine intention. Its object is to defeat intention. [3, 4] It is contended by counsel for the defendants that the right to purchase now under consideration... | |
| 1917 - 1184 페이지
...rule of construction, ana Its object being to defeat Intention, therefore, as Professor Gray says: "Every provision in a will or 'settlement is to be construed as if the rule did not exist, ind then to the provision so construed the rule is to be remorselessly applied." If there be two constructions,... | |
| 1927 - 1246 페이지
...unnecessary. In their brief, respondents BD Plummer et al. concede appellants' first point that the nile against perpetuities is not a rule of construction but a peremptory command of the law, and, in determining whether or not the provisions of a will violate the law as to perpetuities,... | |
| 1927 - 440 페이지
...and is the most important restraint which the law places upon the right to create future interests. The rule against perpetuities is not a rule of construction but a peremptory command of law. Its object is to defeat intention, and a contract providing for the creation of a future interest in... | |
| 1902 - 1054 페이지
...his work on Perpetuities, page 378, 'is not a rule of construction, but a peremp.ory command of the law. It is not, like a. rule of construction, a test, more or les* artificial, to determine intention. Its object is to defeat intention. Therefore every jrovision... | |
| Albert Martin Kales - 1920 - 1058 페이지
...before the Rule is applied : Mr. Gray thus summed up the attitude announced by the English judges:6 "The Rule against Perpetuities is not a rule of construction,...will or settlement is to be construed as if the rule 87 Ingraham v. Ingraham, 169 111. " French r. Calking, 252 111. 243, 432. 254. »8 Laws 1907, p. 1.... | |
| Illinois. Supreme Court - 1912 - 710 페이지
...court rightly states that the rule against perpetuities is not a rule of construction; that a will is to be construed as if the rule did not exist and then the rule applied. (Grays Rule Against Perpetuities, — 2d ed. — sec. 629.) There is, however, a... | |
| Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - 1913 - 1030 페이지
...not decide whether any of the limitations were too remote. Gray on Perpetuities, section 629, says: "The rule against perpetuities is not a rule of construction, but a peremptory command of law. It is not, Opinion of the court. [101 Miss. like a rule of construction, a test, more or less artificial, to determine... | |
| John E. Alexander - 1918 - 996 페이지
...exist at the testator's death.34 §1163. A Rule of Law: Possibility of Violation of Rule the Test. The rule against perpetuities is not a rule of construction but a peremptory command of the law. Its object is to defeat the intention of any one who attempts to violate it. Any instrument... | |
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