JEE V. AUDLEY
1 Cox 324, 29 Eng. Rep. 1186 (1787)
NATURE OF THE CASE: This was a bill to secure the future benefits of a will and a dispute
over whether a future interest violates the rule against perpetuities.
FACTS: Audley's (D) will gave interest on money to his wife during her life, then the
principal to Mary Hall and her issue, and if she had no issue, to the daughters (P), then
living, of John and Elizabeth Jee. At the testator's death, the Jees were quite old (70
years old) and had four daughters. Mary Hall was unmarried and forty years old. P filed this
bill wanting security for their remainder and assurance that their interests were not void
under the rule against perpetuities. The interest was not confined to the daughters living
at the death of the testator and consequently this interest might extend to after-born
daughters, in which case it would not be within the limit of life or lives in being and 21
years afterwards beyond which time an executory devise is void. The other contention is that
the gift should be allowed and the rule not interpreted so rigidly as to defeat an obvious
intent of the testator particularly when there is no real possibility of the Jees having
children at their advanced age.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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