The time for ascertaining the facts in applying the rule against perpetuities is, in the case of a limitation by will, the date of the testator's death and, in the case of limitation in a non-testamentary instrument, the date of the instrument1. Similarly, in regard to an appointment under a power, the time for ascertaining the facts is, in the case of a power exercised by will, the date of the testator's death and, in the case of a power exercised by any other instrument, the date of that instrument2. After that date, as a general rule3, regard must
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