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3 Cards in this Set
- Front
- Back
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Rule Against Suspension of Power of Alienation |
Any interest is void if suspends the power of alienation for a period longer thanlives in being plus 21 yrs, when there are no persons who could come together to transfer a fee simple. |
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When is RASP an issue? |
1. spendthrift income interests are in trust OR
2. Interest created in unborn persons, or open class |
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Examples: |
1. To A, so long as liquor is not consumed on premises, and if so, then to B. --- Violates RAP --- Does NOT violate RASP bc A and B could come together to transfer fee simple
2. To A for life, then to A's children for their lives, then to B. -- Does NOT violate RAP -- VIOLATES RASP |
