can a will 351 years old be nullified

perhaps a solution in the rule against perpetuities.....

“No interest is good unless it must vest, if at all, not later than twenty-one years after the death of some life in being at the creation of the interest.”[2]

I don't know if Massachusetts recognizes that law, but most states do.......

http://en.wikipedia.org/wiki/Rule_against_perpetuities

by the way, interesting side note for the pro-choice crowd......a conceived fetus in the womb is considered to be a "life in being" under the rule against perpetuities......
 
PostmodernProphet said:
perhaps a solution in the rule against perpetuities.....

“No interest is good unless it must vest, if at all, not later than twenty-one years after the death of some life in being at the creation of the interest.”[2]

I don't know if Massachusetts recognizes that law, but most states do.......


http://en.wikipedia.org/wiki/Rule_against_perpetuities

by the way, interesting side note for the pro-choice crowd......a conceived fetus in the womb is considered to be a "life in being" under the rule against perpetuities......
Click to expand...

Mass enacted the Uniform Statuatory Rule Against Perpetuity. Not sure if this applies, was it not vested within 21 years?
 
just some cursory observations. IF the will was probated after the Devisee died AND it called for the establishment of a non-revocable trust, with a readily identifiable beneficiary, then the rule against perpetuities does not apply. A trust for the benefit of all your decedents, which is properly set up, with a trustee, and the availability to appoint new trustees does not violate the RAP. A charitable trust can exist for as long as the funding is available.
 
I think one thing being overlooked here is that the article has said that the property, valued at over $32 million dollars has generated so little money in the past few years that no money is being distributed to the schools it was donated to benefit......something is not right in Ipswich......
 
Socrtease said:
just some cursory observations. IF the will was probated after the Devisee died AND it called for the establishment of a non-revocable trust, with a readily identifiable beneficiary, then the rule against perpetuities does not apply. A trust for the benefit of all your decedents, which is properly set up, with a trustee, and the availability to appoint new trustees does not violate the RAP. A charitable trust can exist for as long as the funding is available.
Click to expand...

Yes, Milton Hershey, set up such a trust.
 
PostmodernProphet said:
I think one thing being overlooked here is that the article has said that the property, valued at over $32 million dollars has generated so little money in the past few years that no money is being distributed to the schools it was donated to benefit......something is not right in Ipswich......
Click to expand...

it appears to have been severely mismanaged
 
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