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Powell on Real Property
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

10-74 Powell on Real Property 74.syn


New York Rule Against Perpetuities


Michael Allan Wolf, General Editor;Originally by Richard R. Powell

Chapter Summary


This chapter examines the rule against perpetuities in the state of New York.

The chapter first traces the history of the rule against perpetuities in New York. It then discusses future interests under the rule. Next, the chapter explains its treatment of private trusts. The discussion moves on to examine power of appointment and powers in trust, then focus on accumulations of income. The chapter describes the current permissible period and examines construction of instruments under the rule.

The continued discussion of the New York state rule against perpetuities centers on matters related to construction, including separability, constructional strainings under the former statutory rule, and factors consistent with validity and partial invalidity. The discussion then turns to conflicts of law rules applicable to perpetuities problems.

Next, the chapter provides a detailed analysis of the former permissible statutory period of two lives. It goes on to summarize arguments against the former New York rule. Finally, the chapter provides a sequential summary of statutory amendments to the rule against perpetuities that have occurred in New York since 1958.

Recognized as the leading source on real property law and considered a classic text since its original publication in 1949, Powell on Real Property provides expert analysis on virtually all aspects of the law of real property. The combination of detailed information on current law with explanations behind the law allows readers to forecast future trends. National in scope and updated four times a year, Powell on Real Property is frequently cited by the highest courts.


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For a discussion on the historical background to the rule against perpetuities, see Ch. 71, Rule Against Perpetuities--Background.

For a general discussion on the common law aspects of the rule against perpetuities, see Ch. 72, Common-Law Rule Against Perpetuities--General Aspects.

For treatment of specific allocations of the rule against perpetuities, see Ch. 73, Common-Law Rule Against Perpetuities--Specific Applications.

For a discussion on the rule against perpetuities in jurisdictions other than New York, see Ch. 75, The Rule Against Perpetuities--Other Statutory Variations.

For a discussion on modifications of the rule against perpetuities such as cy pres and "wait and see," see Ch. 75A.

For a discussion on modifications of the rule against perpetuities such as cy pres and "wait and see," and a comment on the treatment given the rule against perpetuities by the Restatement of Property, see Ch. 75A, "Wait and See," Cy Pres and Other Modifications of the Rule Against Perpetuities.


For more information on real property, see Purchase and Sale of Real Property (Matthew Bender), which offers a transactional approach to the purchase of all types of property and includes a discussion of ownership entities; financing; in-depth analysis of all issues relating to conveyancing of property on a national scale; and procedural guidance, checklists and forms from all 50 states and the District of Columbia.

See Warren's Weed New York Real Property (Matthew Bender) for coverage of New York real property law.

See California Real Estate Law and Practice (Matthew Bender) for coverage of California real property law.

See Modern Estate Planning (Matthew Bender) for coverage of all key estate planning topics, including gift taxation; transfers and interests subject to estate and gift taxation; estate and gift tax deductions; exclusions and credits; and generation-skipping transfers.
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