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« on: December 10, 2005, 05:17:05 PM »
The Fertile Octogenarian
- To B for life, then to B's children for life, remainder to B's grandchildren. B is 80 years old.
The grant to B's grandchildren is void, since B could (from a legal perspective) still have children. Therefore the class of B's children is not closed, B is the measuring life, and the grant to B's grandchildren could possibly fail to vest until 21 years after B dies.
The Unborn Widow
- To B for life, then to B's widow for life, remainder to the children of B that survive the survivor of B and B's widow.
The grant to the children is void since "B's widow" could be a person yet unborn (and thus not a life in being). Therefore, B is the measuring life, and the grant to the kids could possibly fail to vest 21 years after B's death.