Page:Harvard Law Review Volume 9.djvu/281

THE RULE AGAINST PERPETUITIES. 253 IV. Applications of the New Hampshire Doctrijze. A. Take first the present case. Here was a gift to grand- children when they reached forty, the Court cut it down to grandchildren when they reached twenty-one, but why take that date.^ Why not give it to the grandchildren at once, without waiting till they reach twenty-one } The only answer would seem to be, "Although we cannot put off the period of distribution as late as the testator wished, we will put it off as long as we can." But that the court has not done. Why not order the fund to be distributed among those grandchildren who are living at the end of twenty-one years from the death of both children } Or, better still, why not make the time of selection to be tvventy-oj^e years after the death of both the testator's children and of all his grand- children living at his death } Or, again, why not make it twenty- one years after the death of all the students now at Dartmouth College } What can be said of the time selected by the Court, more than for any or all these . B. Or if there be special circumstances in this case pointing to twenty-one, how about a case where there are no such special circumstances .^ C. Again, (what the devise might easily have been in this case,) to such of the testator's grandchildren when the youngest reaches forty as are then of temperate habits. Would a gift to such of the grandchildren as were not drunkards at twenty-one satisfy the general intent of the testator } D. A gift to A., a young infant, for life, after his death to any Vv^idow he may leave for life, and on the death of such widow to such of his children as are then living. Is this time to be cut down, and if so, to what period must survivorship be referred 1 The death of the husband.-^ Twenty-one years after the death of the husband } The death of any wife born in the testator's life- time } Twenty-one years after the death of any wife born in the testator's lifetime .-* E. To a church for a parsonage, but, whenever it is no longer used as a parsonage, then to A. and his heirs. Here is a general intent to have the property go over ; under certain circumstances this can be done, under other circumstances it cannot ; why not carry out that general intent under the former circumstances, if