Legal Opinion

Shaver v. Clanton

California Court of Appeal

Decided June 30, 1994No. G013816PublishedCited by 10 opinions

1Opinion of the Court

Opinion

SONENSHINE, J.

— This case of first impression requires us to analyze every first-year law student’s worst nightmare: the rule against perpetuities. (1) “No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.” (Gray, The Rule Against Perpetuities (4th ed. 1942) § 201, p. 191.) As one sage stated in 1916 regarding the rule’s applicability, “Before we pull the heavens down, *571let us sit and think a little.”1 It has been said, “The rule against perpetuities is as clear and distinct as any other rule which has ever…

2Cases cited15 opinions

  1. Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
  2. Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
  3. Wong v. Di GraziaCalifornia Supreme Court · 1963
  4. Harter v. City of San JoseCalifornia Supreme Court · 1904
  5. McLarand, Vasquez & Partners, Inc. v. Downey Savings & Loan Ass'nCalifornia Court of Appeal · 1991

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3Cited by10 opinions

  1. Old Port Cove Holdings, Inc. v. CONDO. ASS'N ONE, INC.Supreme Court of Florida · 2008
  2. Ginsberg v. GamsonCalifornia Court of Appeal · 2012
  3. Atlantic Richfield Co. v. Whiting Oil & Gas Corp.Supreme Court of Colorado · 2014
  4. Bauermeister v. WASTE MANAGEMENT CO., OF NEBRASKANebraska Supreme Court · 2010
  5. Larson Operating Co. v. Petroleum, Inc.Court of Appeals of Kansas · 2004

5 more not listed; retrieve them via the Exa API.

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