- lives in being
- Within the meaning of the rule against perpetuities any lives in being at the time the interest is created, selected expressly or by plain implication for a limitation of the estate. 41 Am J1st Perp § 14. "Lives in being" within the meaning of the rule against perpetuities, has reference to those in being at the date of the testator's death, not at the time of the execution of the will. Story v First Nat. Bank & Trust Co. 115 Fla 436, 156 So 101. Within the meaning of the rule against perpetuities which allows the postponement of the vesting of an estate or interest for the period of lives in being and twenty-one years and the period of gestation, there is generally no restriction on the number of lives in being which may be selected as the measure of the period of time permitted by the rule; the only limitation being that the lives in being must not be so numerous that there is not some reasonable way of proving the decease of the survivor of them. 41 Am J1st Perp § 14.
Ballentine's law dictionary. Anderson, W.S.. 1998.