Ariz. Rev. Stat. » Title 33
Arizona Revised Statutes

Ariz. Rev. Stat. § 33-261 (2026)

Rule against perpetuities

✓ current as of May 2026
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The common law rule known as the rule against perpetuities shall hereafter be applicable to all property of every kind and nature and estates and other interests therein, whether personal, real or mixed, legal or equitable by way of trust or otherwise.

Notes of Decisions
Cited in 5 cases, 1967–2008 · leading case: Malad, Inc. v. Miller, 199 P.3d 623 (Ariz. Ct. App. 2008).
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Malad, Inc. v. Miller, 199 P.3d 623 (Ariz. Ct. App. 2008). · cites it 8× “¶ 16 Byke found that the language of A.R.S. § 33-261, the Arizona statute codifying the common law rule against perpetuities, is broad enough to include options contracts.”
Matter of Est. of Johnson, 811 P.2d 360 (Ariz. Ct. App. 1991). · cites it 2× “A.R.S. § 33-261. Under that rule, appellee’s future interest must vest within 21 years from lives in being at the time of Grover Johnson’s death or fail.”
Kerley v. Nu-West, Inc., 762 P.2d 631 (Ariz. Ct. App. 1988). · cites it 4× “In his insistence that this was incorrect, Kerley relies on A.R.S. § 33-261, which provides: The common law rule known as the rule against perpetuities shall hereafter be *350 applicable to all property of every kind and nature and estates and other interests therein, whether…”
Byke Const. Co., Inc. v. Miller, 680 P.2d 193 (Ariz. Ct. App. 1984). · cites it 2× “A.R.S. § 33-261 provides: The common law rule known as the rule against perpetuities shall hereafter be applicable to all property of every kind and nature and estates and other interests therein, whether personal, real or mixed, legal or equitable by way of trust or otherwise.”
Application of Klahr, 433 P.2d 977 (Ariz. 1967). “Applicant has violated Section 33-261 A.R.S. * * *» “2. The Committee finds that applicant has used the vehicle of public pressure through the device of soliciting newspaper coverage as to matters pending in Court.”
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