Posted by Constanza on November 26, 1997 at 10:31:59:
In response to the Rule (argh!), written by Laura W on November 26, 1997 at 00:58:45
] I would guess that "modern" in this context means 18th century. Blackstone published in 1765; I will have to try to discover if he discussed the Rule Against Perpetuities.
Here's what I found at my university papers:
The perpetuity rule:
"The origin of the rule against perpetuities can be traced to the 13th century where the principle was developed that property should not be rendered inalienable. [...] The development of the rule was initially common law based culminanting in the House of Lords decision in Cadell v. Palmer (1833)."
"The rule was amended in minor respects by the L.P.A. 1925 and major changes were introduced by the Perpetuities and Accumulations Act 1964. These statutory reforms were built upon the old law and therefore an undestanding of the common law principles is essential, particularly bearing in mind that the 1964 Acto is not restrospective and applies only to those limitations coming into effect on or after July 16, 1964".
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