1. A nonvested interest in property is not valid unless itmust vest, if at all, within twenty-one years after one or more lives in being at the creation of the interest and any relevant period of gestation. 2. a. In determining whether a nonvested interest would violate the rule against perpetuities in subsection 1, the period of the rule shall be measured by actual events rather than by possible events, in any case in which that would validate the interest. For this purpose, if an examination of the facts in existence at the time the period of the rule begins to run reveals a lifeor lives in being within twenty-one years after whose deaths the nonvested interest will necessarily vest, ifit ever vests, that life or lives are the measuring lives for purposes of the rule against perpetuities with respect to that nonvested interest and that nonvested interest is valid under the rule. b. Ifno such life or lives can be ascertained at the time the period of the rule begins to run, the measuring lives for purposes of the rule are all of the following: (1) The creator of the nonvested interest, if the period of the rule begins to run in the creator’s lifetime. (2) Those persons alive when the period begins to run, ifreasonable in number, who have been selected by the creator of the interest to measure the validity ofthe nonvested interest or, ifnone, those persons, ifreasonable in number, who have abeneficialinterest whether vested or nonvested in the property in which the nonvested interest exists, the grandparents of all such beneficiariesand the issue of such grandparents alive when the period of the rule begins torun, and those persons who are the potential appointees of a special power of appointment exercisable over the property in whichthe nonvested interests exist who are the grandparents or issue of the grandparents of the donee of the power and alive when the period of the rule begins to run. (3) Those other persons alive when the period of the rule begins to run, if reasonable in number, who are specifically mentioned in describing the beneficiaries of the property in which the nonvested interest exists. (4) The donee of a general or special power of appointment ifthe donee is alive when the period of the rule begins to run and if the exercise of that power could affect the nonvested interest. 3. A nonvested interest that would violate the rule against perpetuities whether itsperiod is measured by actual or by possible events shall be judicially reformed to most closely approximate the intention of the creator of the interest in order that the nonvested interest will vest, even though itmay not become possessory, within the period of the rule. 4. This section isapplicable to all nonvested interests created on, before, or after July 1, 1983. 5. This section shall not impair the validity of an environmental covenant established pursuant to chapter 455I. 6. This section shall not extinguish, limit, or impair the validity of a document or instrument specified in section 499A.23 or 499B.21, or any property interests created by such document or instrument.
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