Landmark Cases
Duke of Norfolk's Case
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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.
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 Cross-Tradition Connections
Established
In Legal System
Sources
1. Duke of Norfolk's Case (Wikipedia)
WikipediaLedeQuote, Lede
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.
1. Duke of Norfolk's Case (Wikipedia)
WikipediaInfobox (citations field)Quote, Infobox (citations field)
(1682) 3 Ch Cas 1
1. Duke of Norfolk's Case (Wikipedia)
WikipediaFacts of the case section (Lords' holding)Quote, 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.
1. Duke of Norfolk's Case (Wikipedia)
WikipediaRule in the case sectionQuote, 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.
1. Duke of Norfolk's Case (Wikipedia)
WikipediaEstablished: Rule Against Perpetuities, Lede (doctrine origin edge)Quote, 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.
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