Understanding the Rule against Perpetuities in Relation to the Lawyer's Role - To Construe Or Construct

This Article is about the common law rule against perpetuities and the confusion that exists with respect to the life in being concept. This Article observes that one common and very important pronouncement about the rule, that the life in being can be anyone or any group of people, is really a precept for the creation of interests and not for the interpretation of existing limitations. It observes further that, because the interpretive function is essential to comprehensive and effective planning and drafting, this precept is not enough to create dispositive designs and interests which both achieve planning objectives and satisfy the common law rule.