44-6-201. Validity of nonvested property interest or power of appointment.

A nonvested property interest is invalid unless:#

1. (1)

   When the interest is created, it is certain either to vest or to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or#

2. (2)

   The interest either vests or terminates within 360 years after its creation.#

A general power of appointment not presently exercisable because of a condition precedent is invalid unless:#

1. (1)

   When the power is created, the condition precedent is certain either to be satisfied or to become impossible to satisfy within the lifetime of an individual then alive or within 21 years after the death of that individual; or#

2. (2)

   The condition precedent either is satisfied or becomes impossible to satisfy within 360 years after its creation.#

A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:#

1. (1)

   When the power is created, it is certain to be irrevocably exercised or otherwise to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or#

2. (2)

   The power is irrevocably exercised or otherwise terminates within 360 years after its creation.#

In determining whether a nonvested property interest or a power of appointment is valid under paragraph (1) of subsection (a), paragraph (1) of subsection (b), or paragraph (1) of subsection (c) of this Code section, the possibility that a child will be born to an individual after the individual’s death is disregarded.#