Duke of Norfolk's Case, (1682) 3 Ch Cas 1, 22 ER 931, is a judgment of the House of Lords, with Lord Nottingham as Lord Chancellor, that established the common law rule against perpetuities. The case concerned an attempt by the Earl of Arundel to shift property between his descendants across many generations through a chain of executory limitations; the House of Lords held that such a shifting condition could not be allowed to exist indefinitely. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Decision Year HoldingHeld that the Earl of Arundel's shifting executory limitation across generations could not exist indefinitely; tying up property beyond the lives of people then living was impermissible, though the precise permissible period was not fixed until Cadell v Palmer (1833), a century and a half later. 1 Current StatusFoundational and long undisturbed; established the rule against perpetuities as common law doctrine, later given a fixed permissible period by Cadell v Palmer (1833). 1 Case Status
Case Status (category) Connections
Authored By
Source Duke of Norfolk's Case (Wikipedia)
Established
Source Duke of Norfolk's Case (Wikipedia)
In Legal System
Sources
1. Duke of Norfolk's Case (Wikipedia)
WikipediaLede
Duke of Norfolk's Case (1682) 3 Ch Cas 1; 22 ER 931 is an important legal judgment of the House of Lords that established the common law rule against perpetuities.
Infobox (citations field)
(1682) 3 Ch Cas 1
Facts of the case section (Lords' holding)
the House of Lords held that such a shifting condition could not exist indefinitely. The judges believed that tying up property too long beyond the lives of people living at the time was wrong, although the exact period was not determined until Cadell v. Palmer (1833), 150 years later.
Rule in the case section
The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting remoteness of vesting.
Lead
that established the common law rule against perpetuities
Established: Rule Against Perpetuities, Lede (doctrine origin edge)
Duke of Norfolk's Case (1682) 3 Ch Cas 1; 22 ER 931 is an important legal judgment of the House of Lords that established the common law rule against perpetuities.
- Authored By: Heneage Finch, 1st Earl of Nottingham, Infobox judges field: Lord Nottingham LC
In Group: Regulatory Takings and Estates Cases, Introduction, sentence 1
Duke of Norfolk's Case (1682) 3 Ch Cas 1; 22 ER 931 is an important legal judgment of the House of Lords that established the common law rule against perpetuities.
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