When and why did the use of the lifespans of royalty to limit clauses in contracts come about?
score:47
This is an attempt to escape the rule against perpetuities.
No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
A ninety-nine year lease raises the possibility that the heir in question can not be the "life in being" required. For instance, John Doe takes a lease, and dies immediately. His son James Doe has a child immediately after the death, and then after twenty-two years, dies. This grandchild is the heir, but was not a life in being at the time the right (interest) was created, and it's been twenty-two years, and therefore the grandchild can not inherit the right.
"Royal lives clauses" were created to get around this. Because royal families are large and wealthy, the likelihood of one of them living to within twenty-one years is large. Other variations of this clause include "Kennedy clause" -- descendants of Joseph Kennedy. The only rule is that it has to be practical to determine the lives referred to. It's common to used a deceased monarch because of a greater number of descendants.
The use postdates 1682, which was the first formulation of the rule against perpetuities.
The rule against perpetuities has been modified in many jurisdictions, and therefore the clause is not so widely used, but it's still used where it applies.
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