Question

A fee simple owner of a restaurant provided in his will that the property should go on his death "in fee simple to my friend, but if during my friend’s lifetime my son has children and those children are alive when my friend dies, then to said living children." When the owner died, the friend took over the restaurant. If the son has children and one or more of them are alive when the friend dies, who will take title to the restaurant at that time?
A. The friend's heirs, because the attempted gift to the son's children is invalid under the Rule Against Perpetuities.
B. The son's children, because their interest is not contingent, being a possibility of reverter.
C. The son's children, because their interest is vested, subject to defeasance.
D. The son's children, because their interest will vest, if at all, within a life in being plus 21 years.

Answer 1

Answer:

The correct answer is : D The son's children, because their interest will vest, if at all, within a life in being plus 21 years.

Explanation:

In the case of a will, the perpetuities period begins to run on the date of the testator's death, and measuring lives used to show the validity of interest must be in existence at that time.  This interest will vest, if it does vest, within 21 years after the friend's life, and is therefore not in violation of the Rule Against Perpetuities.