2006 New York Code - Rules Of Construction

 
  § 9-1.3 Rules of construction
    (a)  Unless  a  contrary  intention appears, the rules of construction
  provided in this section govern with respect to any matter affecting the
  rule against perpetuities.
    (b) It shall be presumed that the creator intended the  estate  to  be
  valid.
    (c)  Where  an  estate  would,  except  for this paragraph, be invalid
  because of the possibility that the  person  to  whom  it  is  given  or
  limited  may be a person not in being at the time of the creation of the
  estate, and such person is referred to in the instrument  creating  such
  estate  as  the spouse of another without other identification, it shall
  be presumed that such reference is to a person in being on the effective
  date of the instrument.
    (d) Where the duration or vesting of an estate is contingent upon  the
  probate  of  a  will,  the appointment of a fiduciary, the location of a
  distributee, the payment of debts, the sale of assets, the settlement of
  an estate, the determination of  questions  relating  to  an  estate  or
  transfer tax or the occurrence of any specified contingency, it shall be
  presumed  that  the  creator of such estate intended such contingency to
  occur, if at all, within twenty-one years from the effective date of the
  instrument creating such estate.
    (e) (1) Where the validity of a disposition depends upon  the  ability
  of  a  person to have a child at some future time, it shall be presumed,
  subject to subparagraph (2), that a male can have a  child  at  fourteen
  years of age or over, but not under that age, and that a female can have
  a  child  at twelve years of age or over, but not under that age or over
  the age of fifty-five years.
    (2) In the case of a living person, evidence may be given to establish
  whether he or she is able to have a child at the time in question.
    (3) Where the validity of a disposition depends upon the ability of  a
  person  to  have  a child at some future time, the possibility that such
  person may have a child by adoption shall be disregarded.
    (4) The provisions of subparagraphs (1), (2) and (3) shall  not  apply
  for  any  purpose  other  than  that  of  determining  the validity of a
  disposition under the rule  against  perpetuities  where  such  validity
  depends  on the ability of a person to have a child at some future time.
  A determination of validity or invalidity of  a  disposition  under  the
  rule  against perpetuities by the application of subparagraph (1) or (2)
  or (3) shall not be  affected  by  the  later  occurrence  of  facts  in
  contradiction  to the facts presumed or determined or the possibility of
  adoption disregarded under subparagraphs (1) or (2) or (3).