fertile-octogenarian rule

fertile-octogenarian rule

The legal fiction, assumed under the rule against perpetuities, that a woman can become pregnant as long as she is alive.

? The case that gave rise to this fiction was Jee v. Audley, 1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). See W. Barton Leach, Perpetuities: New Hampshire Defertilizes Octogenarians, 77 Harv. L. Rev. 729 (1963).

¡ª Also termed presumption-of-fertility rule.


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