39. Construction of executory trusts.

In common with other trusts, executory trusts are subject to the rule against perpetuities1, but they are executed by the court in such a way as to preclude the objection arising from the rule and moulded so as to carry out the testator's intention as far as the rules of law admit2. Any provisions which offend against the rule are omitted3, modified4 or confined within the perpetuity period5, unless the creator of the trust has specifically or by necessary implication directed their inclusion6, or the trust is wholly incapable of being executed so as to avoid the objection