Define validating life

William himself has only one child, Pamela, who is born six months after William's death.

The will provisions that leave the property to Pamela are valid, and she will inherit her grandfather's estate when she reaches twenty-one.

To encourage them to have children, George promises that he will give Glen a life estate in the farm and leave the remainder to George's grandchildren.

define validating life-26define validating life-42

For example, a testator—one who makes a will—leaves property "to the descendants of Jones who are living twenty-one years after the death of my last surviving child." Six months after his death, the testator's wife gives birth to their only child.

This child is the measuring life, and the descendants of Jones who are alive twenty-one years after the death of the testator's child will take the property.

George's will creates the future interest, which takes effect at the time of his death.

Glen's is the measuring life—the life in being at the time the interest is created.

For example, a testator leaves his estate to his grandchildren who attain the age of twenty-one.

The testator's only child, William, is born six months after the testator's death.For example, if Donald Smith transfers his real property to his son Howard for life and then to Howard's children who are alive at the time of Howard's death, the children's interest is not vested.Their interest is subject to the condition precedent that they survive their father Howard.Under the Common Law, the principle that no interest in property is valid unless it vests not later than twenty-one years, plus the period of gestation, after some life or lives in being which exist at the time of the creation of the interest.The courts developed the rule during the seventeenth century in order to restrict a person's power to control perpetually the ownership and possession of his or her property after death and to ensure the transferability of property.The interest that the children possess is known as a future interest.

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