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Updated: June 18, 2025
American courts accepted this rule, but some of them construed it as meaning that no estate in lands could be created which was to continue after the expiration of such a period. This construction was shown by Professor John C. Gray, in a work on "Perpetuities," to be unwarranted, and since its publication the cases which had proceeded on that basis have been generally treated as erroneous.
To the cry, now victorious the cry of sense, science, flesh, incomes, farms, merchandise, logic, intellect, demonstrations, solid perpetuities, buildings of brick and iron, or even the facts of the shows of trees, earth, rocks, &c., fear not, my brethren, my sisters, to sound out with equally determin'd voice, that conviction brooding within the recesses of every envision'd soul illusions! apparitions! figments all!
If the central depths were untouched, hardly a pin-point of surface remained the same. And this was the very place to bring out the completeness of the renewal. The sublimities, the perpetuities, might have left him as he was: but this tent pitched for a day's revelry spread a roof of oblivion between himself and his fixed sky.
He was a country lawyer from down-state, who, for a client of his own, had retained Rodney to defend a will that presented complexities in the matter of perpetuities and contingent remainders utterly beyond his own powers.
He had, of course, more or less share in many other Acts, some of much importance. Little more than a month after his arrival he had to introduce a bill upon Hindoo wills; and, in speaking on the occasion, elaborately discussed its relation to Hindoo theories as to property, and especially as to the right of creating perpetuities.
I remember that one of my first experiments upon taking up the study of law was to investigate by grandfather's will in the probate office, with a view to determining whether or not, in his fury against the church, he had violated any of the canons of the law in regard to perpetuities or restraints upon alienation; or whether in his enthusiasm for the Society for the Propagation of Free Thinking, which he had established and intended to perpetuate, he had not been guilty of some technical slip or blunder that would enable me to seize upon its endowment for my own benefit.
The common law of England, indeed, is said to abhor perpetuities, and they are accordingly more restricted there than in any other European monarchy; though even England is not altogether without them. In Scotland, more than one fifth, perhaps more than one third part of the whole lands in the country, are at present supposed to be under strict entail.
But what is of much more importance than all of them, the yeomanry of England are rendered as secure, as independent, and as respectable, as law can make them. No country, therefore, which the right of primogeniture takes place, which pays tithes, and where perpetuities, though contrary to the spirit of the law, are admitted in some cases, can give more encouragement to agriculture than England.
The English courts long ago declared it to be a rule of law to prevent perpetuities that no estate in lands could be created which was not to commence within the compass of a life or lives of persons then existing, with an exception intended to favor a minor heir.
In Wyoming, monopolies and perpetuities, in South Dakota and Washington, monopolies and trusts, are "contrary to the genius of a free State and should not be allowed." The constitutional provisions of North Dakota, Minnesota, and Utah are again a mere repetition of the common law.
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