94. Effect of failure.

(5)     Failure of a Limitation under the Rule

(i)     Effect in General

94.     Effect of failure.

The general effect of a limitation being void under the rule against perpetuities is that the instrument takes effect as if the void limitation and all limitations dependent upon it were omitted1.

If a gift over is void, the limitation prior to it and made defeasible by it becomes free from the gift over, and may become indefeasible2. A prior limitation of an estate is, however, as a general rule not affected by the failure of a limitation arising on the