This Article provides a brief discussion on the presumption of lifetime fertility and the decision in In Re Lattouf's Will, which allowed the presumption of lifetime fertility to be rebutted. The author argues that the adoption of children is an ever present complication of class gifts and the Rule Against Perpetuities and that any effort to find the presumption of lifetime fertility to be rebuttable is illusory. Analyzing the decision in In re Lattouf's Will, the author concludes that the gift could have been sustained even in the face of an irrebuttable presumption.
Lawrence W. Waggoner,
In Re Lattouf's Will and the Presumption of Lifetime Fertility in Perpetuity Law,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss4/9