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A Methodology for Solving Perpetuities Problems Under the Common Law Rule: A Step-by-Step Process That Carefully Identifies All Testing Lives in Being

Publication Title

Washington University Law Quarterly

Abstract

This Article develops a methodology that attempts to overcome the problems of misunderstanding, indifference, and mismanagement with respect to the common law rule against perpetuities. This Article assumes that, for whatever reason, many lawyers will never truly understand the logic and process of the rule. It is only important, however, that they apply the rule correctly. In short, the methodology is one of technique-it focuses on reaching the right result. It presents a series of ordered questions one must contemplate and answer. For those who do not understand the logic of the rule and the process by which to apply it, the methodology requires an act of faith and adherence much the same as for those of us who had to learn the rules of arithmetic before the advent of the "new math."

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