Criticism and Humor
Because these hypothetical scenarios show how a reasonable gift can be voided based on so unlikely an outcome, they have generated much criticism among legal scholars, resulting in the abrogation of the rule against perpetuities by statute in many jurisdictions. Many U.S. States have adopted laws mollifying the application of the rule by requiring courts to "wait and see" for a period of years, sometimes as long as 360 years (which effectively negates the possibility of litigation ensuing during the life of any person alive at the same time of the author of the will).
Some jurisdictions have ameliorated specific problems of the rule by creating statutory presumptions to counter those problems. Under such statutes, for example, a woman is presumed to no longer be fertile after a particular age (typically 55), and a gift to a person's widow or widower is presumed to vest in whoever was that person's spouse at the time of the gift.
These rules have also long been a target of legal humorists.
Read more about this topic: Illustrations Of The Rule Against Perpetuities
Famous quotes containing the words criticism and/or humor:
“Cubism had been an analysis of the object and an attempt to put it before us in its totality; both as analysis and as synthesis, it was a criticism of appearance. Surrealism transmuted the object, and suddenly a canvas became an apparition: a new figuration, a real transfiguration.”
—Octavio Paz (b. 1914)
“Every American, to the last man, lays claim to a “sense” of humor and guards it as his most significant spiritual trait, yet rejects humor as a contaminating element wherever found. America is a nation of comics and comedians; nevertheless, humor has no stature and is accepted only after the death of the perpetrator.”
—E.B. (Elwyn Brooks)