Idaho Code
Idaho Code

Idaho Code § 55-111 (2026)

No rule against perpetuities. 

✓ current as of May 2026
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No rule against perpetuities. 

There shall be no rule against perpetuities applicable to real or personal property.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1970–2026 · leading case: Matter of Est. of Kirk, 907 P.2d 794 (Idaho 1995).
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Matter of Est. of Kirk, 907 P.2d 794 (Idaho 1995). · cites it 24× “Whether the magistrate erred in determining that the language of the possession list does not offend the statutory rule against suspension of the power of alienation, I.C. § 55-111. F. Whether the magistrate erred in construing the term in the Script "other property" to mean all…”
Meridian Bowling Lanes, Inc. v. Meridian Athletic Ass'n, 670 P.2d 1294 (Idaho 1983). · cites it 12× “The terms of the agreement present genuine issues of material fact which preclude the grant of summary judgment as a matter of law.”
Nw. Pipeline Corp. v. Forrest Weaver Farm, Inc., 646 P.2d 422 (Idaho 1982). · cites it 12× “The validity of the contract was also challenged on the ground that it was a mere option to secure a future right of way, without a limitation as to the time within which it must be exercised, and as such, it suspends the power of alienation in violation of I.”
Andrew Kirk v. Ann B. Wescott, 382 P.3d 342 (Idaho 2016). · cites it 2× “I.C. § 55-111. However, Idaho Code section 55—111A(1) provides: "The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the persons in being at the…”
Matter of Est. of Crowl, 737 P.2d 911 (Okla. 1987). · cites it 2× “See also, Idaho Code § 55-111 [1948]. [7] The statute of limitations begins to run when the cause of action accrues, and a cause of action accrues when a claimant first could have maintained his action to successful conclusion.”
Riley v. Rowan, 965 P.2d 191 (Idaho 1998). · cites it 4× “The Rileys initially contend that the SRBA district court erred in determining that the 1944 deed violated the provisions of Idaho Code § 55-111 , and by holding that the childrens’ remainder interests were vested remainders.”
Salfeety v. Seideman, 907 P.2d 794 (Idaho 1995). · cites it 24× “Whether the magistrate erred in determining that the language of the possession list does not offend the statutory rule against suspension of the power of alienation, I.C. § 55-111. F. Whether the magistrate erred in construing the term in the Script “other property” to mean all…”
Garmo v. Clanton, 551 P.2d 1332 (Idaho 1976). “…the issue of the applicability of the statutory prohibition against suspension of the power of alienation. I.G. § 55-111.”
In Re the Est. of Chun Quan Yee Hop, 469 P.2d 183 (Haw. 1970). “5 (1963); Idaho Code Ann. § 55-111 (1957); Ky.Rev. Stat.”
Smallwood v. Little (Idaho 2026). · cites it 23× “” I.C. § 55-111. The second, Idaho Code section 55-111A, replaces the rule against perpetuities and provides a durational limitation for how long the alienation of property can be limited or conditioned.”
Idaho v. Hodel, 814 F.2d 1288 (9th Cir. 1987). “, Idaho Code § 55-111 (1979) (originally R.”
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