A Short & Happy Guide to the Rule by Donald H. Gjerdingen

Author:Donald H. Gjerdingen
Language: eng
Format: epub
ISBN: 9781647085148
Publisher: West Academic Publishing
Published: 2021-09-15T00:00:00+00:00

F.Proving the Invalidating Side—the Perpetuities Storyline

To prove a violation of the Rule, a different proof is used. The method: you tell hypothetical stories about how, under certain conditions, the contingency “might not” be resolved within the period. Only one example is enough.

At first, you may think there are many stories, each dropping from the sky. But that’s not so. There’s only one story. And that one story is told again and again. Know that one story and you’ll know them all.

Every violation of the Rule involves a standard storyline with three logical “moves.” If all three moves can be made, the provision violates the Rule. Similarly, avoidance techniques stop the story from being told.

The critical first move always is this: assume a person who can affect the contingency is born after the effective date. This, of course, is just another way of saying the contingency is not limited to “lives in being.”

Once that move is made, the other living people who could affect the contingency are removed (i.e., hypothetically killed off), and then we’re left with a bare 21 years for resolution.

Now, let’s see the basic story and the basic moves in action.

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