97. Effect on subsequent limitations.

At common law every limitation on the failure, or expectant on the determination, or in defeasance, of a limitation void under the rule against perpetuities, is void1. This applies even though the subsequent limitation is to a person actually existing, who would otherwise take a vested interest2, and even though that person only takes an interest for his own life3. The cases in which the question has arisen fall into three categories4:

  1.  

    (1)     where a testator or settlor settles property in such a way as to create a series of successive interests each intended to take effect upon, and

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