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Thread: The Rule Against Perpetuities

  1. #1
    Great Value Carrots
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    The Rule Against Perpetuities and Why You Should Care

    https://en.wikipedia.org/wiki/Rule_against_perpetuities
    Black's Law Dictionary defines the rule against perpetuities as "[t]he common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created."[10]

    At common law, the length of time was fixed at 21 years after the death of an identifiable person alive at the time the interest was created. This is often expressed as "lives in being plus twenty-one years." Under the common-law rule, one does not look to whether an interest actually will vest more than 21 years after the lives in being. Instead, if there exists any possibility at the time of the grant, however unlikely or remote, that an interest will vest outside of the perpetuities period, the interest is void and is stricken from the grant.
    So these days if a grantor lives 78 years add 21 years to that (plus gestation of course) and you are at 99 years. *

    Legal fictions are not exempt from this rule. *The ONLY exemptions with regards to the existence of a legal fiction beyond 99 years is charitable trusts or if the creating principal is still alive

    Legal fictions are
    The United States
    The several States
    Traitor Joe
    Every county, city, village or township
    The chief magistrate(s)
    The governor(s)
    England
    The queen
    China
    Russia
    The United Nations
    The entity created through the birth certificate
    A passport holder
    The entity created through the driver's license
    The sheriff
    His deputies
    The judge
    His court
    All agents
    All/Every administrative agency
    An illegal alien
    An alien
    Charlton Heston
    Ahh_smoors
    All nom de plume's
    All nom de Guerres
    Superman
    Batman
    Wonder Woman
    Spiderman
    COVID
    The Universe

    If I missed any feel free to submit your candidate. *

    * (You may even want to include yourself)

  2. #2
    Great Value Carrots
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    Re: The Rule Against Perpetuities

    Legal fictions have no existence in reality. *They are the creation of the mind and the agreement of two legal fictions engaged in contract negotiation.

    I rationalize a legal fiction as an empty container that you then fill with other non-existent things. *For example things that you are not permitted to own such as autos, real estate or even food, clothing, water or shelter. Even insurance or healthcare where you are attempting to provide protection for the UNreal.

    While none of these things actually exist in any form that permits you to claim ownership you (the living that is) need them to survive. *Hence society has offered up the concept of USE and USUFRUCT.

    A USE permits you as much of a thing as you need to survive.

    A USUFRUCT is a USE with the added right to enjoy that thing in addition to it's survival connection. That enjoyment is what Thomas Jefferson referred to as the PURSUIT OF HAPPINESS by which phrase he meant PROFIT ... the gain in value of a thing.

    This PROFIT angle is what common law assigns to someone called the owner. It is the cornerstone of private property.

    USES and USUFRUCT are fictions as well. *After all why would you expect any legal fiction to have any impact on REALITY?

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