In Cook v. Horn (214
Ga. 289, 104 S.E.2d 461 (1958)), Cook made a revocable inter vivos trust
that provided a life income to his
children, and then at the death of the last child, the remainder was to be
given to his grandchildren. Therefore, the time the interest vested was at the
death of his last child. There was a question as to whether the trust violated
the Rule Against Perpetuities.
If Cook had a child after the trust was created, and that child survived
more than 21 years after the death of all the other children. That would
violate the Rule Against Perpetuities, because the interest would not vest until more than 21 years
after the death of all lives in being at the creation of the trust.
However, Cook's trust was revocable. Therefore he had the ability to change it up
until his death. Theoretically, he could have changed the trust if he had
another child. Therefore, the time the trust was created is defined as
the time the trust became irrevocable, which was Cook's death. Since Cook couldn't have any children
after he died, all of his children would have to be lives in
being at the time of the creation of
Therefore the trust doesn't
violate the Rule Against Perpetuities.
Had this been an irrevocable
trust, then the creation of the
interest would have been the time the trust was created and it would be
void because it could possibly violate the Rule Against