§ 9-1.3 Rules of construction\n (a) Unless a contrary intention appears, the rules of construction\nprovided in this section govern with respect to any matter affecting the\nrule against perpetuities.\n (b) It shall be presumed that the creator intended the estate to be\nvalid.\n (c) Where an estate would, except for this paragraph, be invalid\nbecause of the possibility that the person to whom it is given or\nlimited may be a person not in being at the time of the creation of the\nestate, and such person is referred to in the instrument creating such\nestate as the spouse of another without other identification, it shall\nbe presumed that such reference is to a person in being on the effective\ndate of the instrument.\n (d) Where the duration or vesting of an estate is contingent upon the\nprobate of a will, the appointment of a fiduciary, the location of a\ndistributee, the payment of debts, the sale of assets, the settlement of\nan estate, the determination of questions relating to an estate or\ntransfer tax or the occurrence of any specified contingency, it shall be\npresumed that the creator of such estate intended such contingency to\noccur, if at all, within twenty-one years from the effective date of the\ninstrument creating such estate.\n (e) (1) Where the validity of a disposition depends upon the ability\nof a person to have a child at some future time, it shall be presumed,\nsubject to subparagraph (2), that a male can have a child at fourteen\nyears of age or over, but not under that age, and that a female can have\na child at twelve years of age or over, but not under that age or over\nthe age of fifty-five years.\n (2) In the case of a living person, evidence may be given to establish\nwhether he or she is able to have a child at the time in question.\n (3) Where the validity of a disposition depends upon the ability of a\nperson to have a child at some future time, the possibility that such\nperson may have a child by adoption shall be disregarded.\n (4) The provisions of subparagraphs (1), (2) and (3) shall not apply\nfor any purpose other than that of determining the validity of a\ndisposition under the rule against perpetuities where such validity\ndepends on the ability of a person to have a child at some future time.\nA determination of validity or invalidity of a disposition under the\nrule against perpetuities by the application of subparagraph (1) or (2)\nor (3) shall not be affected by the later occurrence of facts in\ncontradiction to the facts presumed or determined or the possibility of\nadoption disregarded under subparagraphs (1) or (2) or (3).\n
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