Ky. Rev. Stat. » Chapter 381
Kentucky Revised Statutes

Ky. Rev. Stat. § 381.216 (2026)

Repealed, 2010

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Catchline at repeal: Wait-and-see doctrine -- Reformation. History: Repealed 2010 Ky. Acts ch. 21, sec. 14, effective July 15, 2010. -- Created 1960 Ky. Acts ch. 167, sec. 2, effective June 16, 1960.

Notes of Decisions
Cited in 10 cases, 1961–2008 · leading case: Three Rivers Rock Co. v. Reed Crushed Stone Co., 530 S.W.2d 202 (Ky. Ct. App. 1975).
Sort: Relevance Newest Treatment
Three Rivers Rock Co. v. Reed Crushed Stone Co., 530 S.W.2d 202 (Ky. Ct. App. 1975). · cites it 4× “Violation of the rule against perpetu-ities (KRS 381.216); 2. Violation of the common-law rule against unreasonable restraint on alienation; 3.”
Hardin Cnty. v. Wilkerson, 255 S.W.3d 923 (Ky. 2008). · cites it 2× “KRS 381.216 (wait and see statute instituted a more practical approach to the much maligned legal fiction of the rule against perpetuities stating, "[i]n determining whether an interest would violate the rule against perpetuities the period of perpetuities shall be measured by…”
McGuffey v. Hall, 557 S.W.2d 401 (Ky. 1977). “167, § 2, Acts of 1960 (KRS 381.216). 20 . Supra, n. 5. 21 . Supra, n.”
In Re the Est. of Chun Quan Yee Hop, 469 P.2d 183 (Haw. 1970). · cites it 2× “§ 55-111 (1957); Ky.Rev. Stat. § 381.216 (1963); Mo.Stat.Ann.”
Hagemann v. Nat'l Bank & Trust Co., 237 S.E.2d 388 (Va. 1977). “Respondents say, in effect, that we should so construe the will that the trustee will be allowed to “wait and see” whether any such future event occurs, and if not, then “upon the happening of any such contingency” which violates the rule, the trustee will be allowed to…”
Univ. of Louisville v. Isert, 742 S.W.2d 571 (Ky. Ct. App. 1987). · cites it 9× “This is an appeal and a cross-appeal from an order of the trial court reforming a trust provision within a will pursuant to the language of KRS 381.216. On appeal, the substantive issues raised by the parties are whether the trial court erred in: (1) ruling that the trust…”
Kentucky-West Virginia Gas Co. v. Martin, 744 S.W.2d 745 (Ky. Ct. App. 1987). · cites it 2× “Appellees also contend that the option is saved by the 1960 amendment to the Kentucky statutory enactment of the rule against perpetuities, KRS 381.216. That amendment softened somewhat the harshness of the rule by adopting a “wait and see approach” to options created after the…”
Gilbert v. Union Coll., 343 S.W.2d 829 (Ky. Ct. App. 1961). · cites it 2× “220 governing restraints on alienation (now repealed), we believe will be avoided by new Section KRS 381.216, which substitutes actual events as the test for determining the validity of an interest rather than the metaphysical possibilities doctrine which dreamed up the “fertile…”
Merrill v. Wimmer, 453 N.E.2d 356 (Ind. Ct. App. 1983). “30, § 194(c)(2) (Smith-Hurd 1979) (the violating vesting date shall be reduced to 21 years); 13 Ky.Rev.Stat.Ann. § 381.216 (Baldwin 1972) (allows for reformation to save transfer; also adopts "wait and see" doctrine); Ohio Rev.”
Pound v. Shorter, 377 S.E.2d 854 (Ga. 1989). “68 (1983); Ky. Rev. Stat. § 381.216 (1972); 1983 N.M.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.