Chapter

<i>Legal Science and Legal Absurdity</i>: Jee <i>v</i>. Audley (<i>1787</i>)

A. W. Brian Simpson

in Leading Cases in the Common Law

Published in print September 1996 | ISBN: 9780198262992
Published online March 2012 | e-ISBN: 9780191682438 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262992.003.0004
Legal Science and Legal Absurdity: Jee v. Audley (1787)

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This chapter discusses the case of Jee v. Audley. One of the deepest mysteries of the common law is a body of doctrine called the modem rule against perpetuities. It emerged in the late 17th and 18th centuries, and the classic case on the rule for those who enjoy the legal equivalent of the theatre of the absurd is the decision of Sir Lloyd Kenyon, bt. (later Lord Kenyon) in Jee v. Audley in 1787. The world in which the rule evolved was that of the landed aristocracy and gentry, and its function was to impose limits which seemed reasonable in that world to the degree to which the head of the family, the patriarch for the time being, could make binding dispositions of the family estates which controlled their destination long into the future.

Keywords: modem rule against perpetuities; common law; family estates

Chapter.  13429 words. 

Subjects: History of Law

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