Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildrenWhich of the following additions to or changes in the facts of the preceding question would produce a violation of the common law Rule Against Perpetuities?
A posthumous child was born to Trease. Trease's will expressed the intention to include all afterborn grandchildren in the gift. The instrument was an inter vivos conveyance rather than a will. Trease had no grandchildren living at the time of his death
Question: Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildrenWhich of the following additions to or changes in the facts of the preceding question would produce a violation of the common law Rule Against Perpetuities?
A. A posthumous child was born to Trease.
B. Trease's will expressed the intention to include all afterborn grandchildren in the gift.
C. The instrument was an inter vivos conveyance rather than a will.
D. Trease had no grandchildren living at the time of his death
Answer: