Kentucky Revised Statutes
Ky. Rev. Stat. § 381.220 (2026)
Repealed, 1960
✓ current as of May 2026
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Catchline at repeal: Restraints on alienation; duration of; exceptions. History: Repealed 1960 Ky. Acts ch. 167, sec. 8, effective June 16, 1960. -- Amended 1956 Ky. Acts ch. 175, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2360.
Notes of Decisions
Cited in 24
cases, 1944–1977 · leading case: Three Rivers Rock Co. v. Reed Crushed Stone Co., 530 S.W.2d 202 (Ky. Ct. App. 1975).
Three Rivers Rock Co. v. Reed Crushed Stone Co., 530 S.W.2d 202 (Ky. Ct. App. 1975). “The common-law rule against per-petuities found its way into the statutes as KRS 381.220. Robertson v. Simmons, supra; Fidelity & Columbia Trust Co.”
Robertson v. Simmons, 322 S.W.2d 476 (Ky. Ct. App. 1959). “It seems to us that the turning point was the amount paid for the TVA property and when Stilley paid more than $1,000, Robertson was at liberty to reject the contract regardless of whether or not he exercised his option to buy the Higgins tract.”
Kelly v. Marr, 185 S.W.2d 945 (Ky. Ct. App. 1945). “2360, KRS 381.220, it takes away from the court power or jurisdiction to adjudge a sale, as we take it, under any circumstances or conditions, except perhaps that of necessity.”
Letcher's Tr. v. Letcher, 194 S.W.2d 984 (Ky. Ct. App. 1946). “Letcher was void because it created a perpetuity in violation of KRS 381.220, and further, because it was violative of KRS 273.”
First Nat. Bank & Trust Co. of Lexington v. Purcell, 244 S.W.2d 458 (Ky. Ct. App. 1951). “The gift does not violate the familiar period of time of the rule, which is expressed by KRS 381.220 in these words, “lives in being * * * and twenty-one years”.”
Campbell v. Campbell, 230 S.W.2d 918 (Ky. Ct. App. 1950). “KRS 381.220. The rule against perpetuities is not a rule of construction but á rule of property, yet if there are two possible constructions of an instrument, one which would render it valid and one which would render it invalid, preference will be accorded to the construction…”
Gilbert v. Union Coll., 343 S.W.2d 829 (Ky. Ct. App. 1961). “16, 1960, before the execution of the present contract on September 8, 1960, and former Section KRS 381.220, governing restraints on alienation, was repealed at that time when the common law rule against perpetuities was adopted as KRS 381.”
Farmers Nat. Bank of Cynthiana v. McKenney, 264 S.W.2d 881 (Ky. Ct. App. 1954). “the provisions of Item IV violate KRS 381.220, which forbids the suspension of the absolute power of alienation for a longer period than during the continuance of a life or lives in being at thé creation of the estate and "21 years and 10 months thereafter.”
Ford v. Yost, 186 S.W.2d 896 (Ky. Ct. App. 1944). “it should not be liable for his debts. Item 4 of the will devised $1,000 outright to John Ford, Jr.”
Caudle v. Smither, 427 S.W.2d 227 (Ky. Ct. App. 1968). “” During the 1960 term of the Kentucky General Assembly, Senate Bill 180 was enacted and it repealed KRS 381.”
Dant v. Fid. & Columbia Trust Co., 193 S.W.2d 399 (Ky. Ct. App. 1946). “Dant, as provided in his will, is violative of the Kentucky Revised Statutes, Section 381.220, in that the limitation contained in the will of Paul F.”
Barren Cnty. Bd. of Educ. v. Jordan, 249 S.W.2d 814 (Ky. Ct. App. 1952). “It is stated in the petition that defendants, appellees here, have taken possession of the property under some claim ■of right as successors in title to the owner of one of the three farms out of which the tract was carved at the time of the original conveyance to the Board.”
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