Over the past two decades, many states have abolished the rule against perpetuities (RAP). At least half of the states now permit either perpetual trusts or trusts that can last for a very long time, such as 360 to 1,000 years. Professor McCouch’s article explores the reasons for the haste with which states have abandoned a principle that’s been part of the common law since the 17th century.1 Other recent articles on this topic put the sole blame on the 1986 ...

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