2020 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 9 - Uniform Statutory Rule Against Perpetuities
§ 44-6-200. Short Title

This article shall be known and may be cited as the "Uniform Statutory Rule Against Perpetuities."

(Code 1981, §44-6-200, enacted by Ga. L. 1990, p. 1837, § 2.)

- For article pointing out potential problems with the rule against perpetuities in drafting wills containing conditions based on probate, see 3 Ga. St. B.J. 407 (1967). For article discussing options to purchase realty in Georgia, with respect to the rule against perpetuities, see 8 Ga. St. B.J. 229 (1971). For article surveying legislative and judicial developments in Georgia's will, trusts, and estate laws, see 31 Mercer L. Rev. 281 (1979). For article, "The Rule Against Perpetuities as Applied to Georgia Wills and Trusts," see 16 Ga. L. Rev. 235 (1982). For article, "Private Trusts for the Provision of Private Goods," see 37 Emory L.J. 295 (1988). For article, "Birth After Death: Perpetuities and the New Reproductive Technology," see 38 Ga. L. Rev. 575 (2004). For note on options appendant exemptions in the Rule of Perpetuities, see 33 Mercer L. Rev. 443 (1981). For note on 1990 enactment of this article, see 7 Ga. St. U.L. Rev. 343 (1990). For comment on Regents of Univ. Sys. v. Trust Co., 186 Ga. 498, 198 S.E. 345 (1938), see 1 Ga. B.J. 52 (1939). For comment criticizing Williams v. S.M. High Co., 200 Ga. 230, 36 S.E.2d 667 (1946), holding perpetual right of renewal in lease granted to corporation did not violate rule against perpetuities, see 8 Ga. B.J. 420 (1946). For comment on Southern Airways Co. v. DeKalb County, 216 Ga. 358, 116 S.E.2d 602 (1961), see 24 Ga. B.J. 142 (1961). For comment on Lanier v. Lanier, 218 Ga. 137, 126 S.E.2d 776 (1962), executory interests and the rule against perpetuities, see 14 Mercer L. Rev. 275 (1962). For comment on Lanier v. Lanier, 218 Ga. 137, 126 S.E.2d 776 (1962), see 25 Ga. B.J. 422 (1963). For comment on Burton v. Hicks, 220 Ga. 29, 136 S.E.2d 759 (1964), see 1 Ga. St. B.J. 361 (1965). For comment, "Proposed Legislation for Property's Twilight Zone: Time Sharing in Georgia," see 34 Mercer L. Rev. 403 (1982).

ANALYSIS

• General Consideration
• Period of Rule
• Application of Rule
• Charities
• Leases and Purchase Options

General Consideration

RESEARCH REFERENCES

- 61 Am. Jur. 2d, Perpetuities, §§ 5, 22 et seq.

- 70 C.J.S., Perpetuities, §§ 22, 23, 39 et seq., 51. 90 C.J.S., Trusts, § 26. 90A C.J.S., Trusts, § 218.

- Validity of appointment under power, with reference to the rule against perpetuities, 1 A.L.R. 374; 101 A.L.R. 1282; 104 A.L.R. 1352.

Perpetual lease or covenant to renew lease perpetually as violation of rule against perpetuities or the suspension of the power of alienation, 3 A.L.R. 498; 162 A.L.R. 1147.

Postponing distribution until payment of debts or settlement of estate as violating rule against perpetuities, 13 A.L.R. 1033.

Devise or bequest for upkeep of cemetery lot as violation of rule against perpetuities, 14 A.L.R. 118.

Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.

Prior estate as affected by remainder void for remoteness, 28 A.L.R. 375; 75 A.L.R. 124; 168 A.L.R. 321.

Rule against perpetuities as affecting limitation over to charity after a gift of indefinite duration to another charity, 30 A.L.R. 594.

Provision for application of rent or income from property to discharge of encumbrance as violation of statute against accumulation of income, 65 A.L.R. 1069.

Doctrine as to possibility of issue extinct as affecting property rights or taxation, 67 A.L.R. 538; 98 A.L.R.2d 1285.

Applicability of rule against perpetuities to reverter on breach of condition subsequent, 70 A.L.R. 1196; 133 A.L.R. 1476.

Rule against accumulation of income as applicable to stock dividends, 70 A.L.R. 1336.

Provision for application of rent or income to improvement, restoration, or maintenance of trust property as violation of statute against accumulation of income, 71 A.L.R. 417.

Violation of rule against perpetuities, or unlawful restraint of alienation or suspension of ownership, by postponement of vesting or alienation of ownership until exercise of discretion as to sale or disposal, 89 A.L.R. 1046.

Provision which suspends vesting of estate or interest for a fixed period upon the condition or with the qualification to effect that period shall not be longer than the lifetime of person or persons in being at death of testator as violation of rule against perpetuities, 91 A.L.R. 771.

Distinction as regards rule against perpetuities between time of vesting of future estates and time fixed for enjoyment of possession, 110 A.L.R. 1450.

Rule against perpetuities as applied to gift to class, conditional upon specified age being attained, 155 A.L.R. 698.

Estoppel to invoke rule or statute against perpetuities, 162 A.L.R. 156.

Gift to charity as affected by conjoined noncharitable gift invalid under rule or statute against perpetuities or rule against accumulations, 170 A.L.R. 760.

Settlor's right to revoke or terminate trust, or to withdraw funds or invade corpus thereof, as affecting operation of rule against perpetuities, 7 A.L.R.2d 1089.

Validity, under rule against perpetuities, of gift in remainder to creator's great-grandchildren, following successive life estates to children and grandchildren, 18 A.L.R.2d 671.

Validity of restraint, ending not later than expiration of a life or lives in being, on alienation of an estate in fee, 42 A.L.R.2d 1243.

Application of rule against perpetuities to limitation over on discontinuance of use for which premises are given or granted, or the commencement of a prohibited use, 45 A.L.R.2d 1154.

Perpetual nonparticipating royalty interest in oil and gas as violating rule against perpetuities, 46 A.L.R.2d 1268.

Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 A.L.R.2d 596.

Separability, for purposes of rule against perpetuities, of gift to several persons by one description, 56 A.L.R.2d 450.

When is a gift by will or deed of trust one to a class, 61 A.L.R.2d 212; 13 A.L.R.4th 978.

Lease for term of years, or contract therefor, as violating rule against perpetuities, 66 A.L.R.2d 733.

Applicability of doctrine of equitable approximation to cut down to a permissible time period the time of a testamentary gift that violates rule against perpetuities, 95 A.L.R.2d 807.

Rule against perpetuities where estate is limited on alternative contingencies, one within and one beyond the period allowed by the rule, 98 A.L.R.2d 807.

Modern status of presumption against possibility of issue being extinct, 98 A.L.R.2d 1285.

Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation, 100 A.L.R.2d 1208.

Doctrine that gift which might be void under rule against perpetuities will be given effect where contingency actually occurs within period of rule, 20 A.L.R.3d 1094.

Pre-emptive rights to realty as violation of rule against perpetuities or rule concerning restraints on alienation, 40 A.L.R.3d 920.

Construction and application of "first refusal" option contained in trust instrument and relating to sale or shares of stock, 51 A.L.R.3d 1327.

Construction and operation of private pension plan provision for distribution of pension funds upon termination of plan, 55 A.L.R.3d 767.

Independent option to purchase real estate as violating rule against perpetuities or restraints or alienation, 66 A.L.R.3d 1294.

Wills: gift to persons individually named but also described in terms of relationship to testator or another as class gift, 13 A.L.R.4th 978.

Sufficiency of provision of lease to effect second or perpetual right of renewal, 29 A.L.R.4th 172.

Lease renewal provision as violating rule against perpetuities or restraints on alienation, 99 A.L.R.6th 591.