Sopher v. Administrator General of Bengal
Rule established
Successive life estates to multiple unborn generations violate both S.13 (not whole interest) and S.14 (beyond perpetuity period)
Facts
- A Jewish settler created a trust: income to wife for life, then to children for their lives, then capital to grandchildren absolutely
- At the date of settlement, the settler had children but no grandchildren
- The question was whether the interests created for the future-born grandchildren were valid
Issue
- Whether a settlement creating life estates in favor of children (some unborn) followed by absolute interest in grandchildren (all unborn) violates S.13 and/or S.14 TPA.
Held
- S.13 violated: Children (including those unborn at settlement date) received only life estates, not the whole remaining interest
- S.14 violated: The grandchildren's interest would vest only after the death of the last surviving child. Since some children were unborn at settlement date, the vesting could occur beyond the perpetuity period (life of living persons + minority)
Ratio Decidendi
S.13 and S.14 operate as twin safeguards: S.13 ensures unborn persons get absolute interest (preventing fragmentation), and S.14 ensures interests vest within a reasonable time (preventing perpetuity). A disposition that gives life estates to multiple generations, some unborn, violates both provisions.
How to use it in an exam
The leading case on rule against perpetuity. Use in any problem involving successive interests across generations. Key line: "Successive life estates to unborn persons violate S.13 (not whole interest) and the ultimate vesting beyond life-in-being + minority violates S.14."
Source
Source: Mulla TPA 13th ed.
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.