a thesis - Institute of Advanced Legal Studies

INVALIDATING CAUSES. 83
UNLAWFUL PURPOSE GENERALLY.
Trusts invoking a Perpetuity.—Any trust the purpose of which
is prohibited by law is void, and since the law prohibits any disposition
of property which renders it inalienable in perpetuity, a
trust which offends the rule against perpetuities is void.
The rule as established in the case of Cadell v. Palmer (1833,
7 Bligh, N. S. 202) may be stated as follows :—
" Every limitation of either real or personal property is void,
if the vesting in the case of real property of an estate in fee simple
or fee tail, or in the case of personal property of an absolute
interest in the same, is or may possibly be thereby postponed for
longer than a period comprising the duration of the lives of any
number of ascertainable persons in existence at the date when the
limitation comes into operation, and a further period of twenty-one
years from the death of the last survivor of such persons, without
reference to the infancy of any person ; provided that the property
may be limited to vest in a person en venire sa mere at the expiration
of such period."
The following are recent cases illustrating the application of
the rule to trusts :—
Illustrations.
1. Testator gives his real and personal estate to trustees in
trust for A. for life, and after A.'s death in trust for all her sons
and daughters who shall attain the age of twenty-two. At the
testator's death A. has no child who has attained the age of
twenty-two. The trust for A.'s children is void for remoteness.
Thomas v. Wilberforce (1862), 31 Beav. 299.
2. Real estate is limited to the use of trustees for 500 years and,
subject thereto, to the use of A. for life, remainder to his first and
other sons in tail, remainder to B. for life, remainder to his first
and other sons in tail, remainders over; and a power is given to
the trustees during the minority of any person from time to time
to take possession of and manage the estate. The power is void
for remoteness. Floyer v. Banks (1869), L. E. 8 Eq. 115.
3. Testator gives 3,OOOZ. to A. for life, and after A.'s death in
trust for all the children of A. who shall attain the age of twentyo
2