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Property Law and Real Estate

2000

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Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin Sep 2000

Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin

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Georgia should resist the urge to join the parade of states that have overturned the Rule Against Perpetuities. We do not neet the dynasty trust in Georgia. The repeal of perpetuities laws ignores the reasons for the Rule Against Perpetuities and uncritically assumes that preserving family wealth in perpetuity is a desirable social goal. The Rule is still needed to prevent persons long removed from the current scene from tying up wealth without restriction and from unduly influencing the behavior of those living in the present. For background purposes, this Article reviews the legislative history of Georgia's Rule Against Perpetuities …