Perpetuities: Cy Pres on the March

The standard doctrine has been that where an interest may vest too remotely the entire interest is stricken down; and this destructiveness is multiplied by the all-or-nothing rule of Leake v. Robinson which declares that the invalidity of a gift to any member of a class invalidates the gifts of all other members. It is the thesis of this paper that the penalty for violation of the Rule--a penalty inflicted, not on the violator, but on his or her intended beneficiaries, usually minors or unborns--should be, not the invalidation of the future interest, but rather a tailoring of the interest on the principle of cy pres or approximation so that the general intention of the settlor or testator is carried out so far as possible within the limits of the Rule. Furthermore, I believe it is demonstrable that this thesis is gaining acceptance in the courts and the legislatures to the point where the time may be approaching when the enormous destructiveness of the Rule Against Perpetuities will be a thing of the past

Simes & Taylor: The Improvement of Conveyancing by Legislation

A Review of The Improvement of Conveyancing by Legislation. By Lewis M. Simes and Clarence B. Taylor

The Rule Against Perpetuities and the Indiana Perpetuities Statute

This is the second of two lectures given by Professor Leach at the State Bar Association Institute, held at Indianapolis, January 12, 1940. The subject-matter of the first lecture may be found in an article by Professor Leach on Powers of Appointment, 24 A. B. A. Jl. 807

A "fair sampling" perspective on an apparent violation of duality

In the event in which a quantum mechanical particle can pass from an initial state to a final state along two possible paths, the duality principle states that "the simultaneous observation of wave and particle behavior is prohibited". [M. O. Scully, B.-G. Englert, and H. Walther. Nature, 351:111-116, 1991.] emphasized the importance of additional degrees of freedom in the context of complementarity. In this paper, we show how the consequences of duality change when allowing for biased sampling, that is, postselected measurements on specific degrees of freedom of the environment of the two-path state. Our work contributes to the explanation of previous experimental apparent violations of duality [R. Menzel, D. Puhlmann, A. Heuer, and W. P. Schleich. Proc. Natl. Acad. Sci., 109(24):9314-9319, 2012.] and opens up the way for novel experimental tests of duality.Comment: 10 pages, 8 figure