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Perpetuities, Restraints On Alienability,And The Duration Of Trusts, Ralph A. Newman
Perpetuities, Restraints On Alienability,And The Duration Of Trusts, Ralph A. Newman
Vanderbilt Law Review
There is no doubt that we must have some fairly well-defined standard for determining when a restraint on alienation lasts too long. There is need for only one rule directed to the ultimate objective sought the establishment of a limitation upon the period during which alienability may be postponed. This limitation of the period of permissible duration of the state of inalienability must apply to all interests of any kind, present or future, vested or contingent, legal or equitable, absolute or in trust. The test of suspension should be the practical possibility, as well as the legal possibility, of alienation. …