3. The rule in Whitby v Mitchell.

The rule in Whitby v Mitchell (sometimes referred to as or confused with the so-called rules against double possibilities or against remote possibilities)1, provided that, in the case of realty, after a limitation for life to a person not in existence at the time when the instrument creating the limitation became operative, a limitation by remainder to any issue of such a person as purchasers was void2. It now applies only to limitations or trusts created by an instrument which came into operation before 1 January 1926, and has been abolished as regards limitations or trusts created by any

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