Future Interests And Illegal Conditions And Restraints

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Bering, 2 D. M. & G. 145, Lord St.
Leonards says (p. 170): "Then the rule of law forbids the raising of successive estates by purchase to unborn children, that is, to an unborn child of an unborn child. With this rule I have never meant to interfere, for it is too well settled to be broken in upon." Accord- ing to the argument addressed to us on behalf of the appellants that old rule has been superseded by the modern rule against perpetuities ; but here we have Lord St. Leonards treating it as
...still subsisting in 1852.
Then we have besides, Butler's note to Fearne (10th ed. vol. i. p.
565, n.), in which he lays down what he takes to be the law — ^that there was no decision superseding the old rule. He says this : "The cases of a possibility upon a possibility may be considered as excep- tions from the rule. They proceeded on a different ground, and gave rise to this important rule, that, if land is limited to an unborn person during his life, a remainder cannot be limited so as to confer an estate by purchase on that person's issue." He there quite treats it as tlie true rule still subsisting.


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