Georgia Law Review, Vol. 16, No. 2 (Winter 1982), pp. 235-355


The prevalent criticism seems to be that the Rule Against Perpetuities, as presently applied, does not further the best interests of society and therefore should be changed to make it work better. To determine how well the Rule is operating, a critical examination will be made of Georgia statutory law and decisions involving its application to class gifts, private trusts, charitable gifts, commercial transactions, powers of appointment, and to various types of future interests including reverters, rights of entry, and executory interests. This Article will also explore techniques for avoiding the lethal effect of the Rule through draftsmanship, judicial construction, and statutory reform. The liability of the attorney who draws an instrument that offends the Rule lurks as an ominous shadow in the background, and the impact of this developing phenomenon will be examined. Suggestions will be made for revamping Georgia's perpetuities statute to make the Rule a more effective device in curbing dead-hand control and in eliminating many of the hidden difficulties it now poses for the draftsman.