Okla. Stat. » Title 60 — PROPERTY
Oklahoma Statutes

Okla. Stat. tit. 60, § 175.47 (2026)

Suspension of absolute power of alienation - Period of

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suspension. A. Except as otherwise provided in subsection B of this section, the absolute power of alienation of real and personal property, or either of them, shall not be suspended by any limitations or conditions for a longer period than during the continuance of a life or lives of the beneficiaries in being at the

creation of the estate and twenty-one (21) years thereafter. The absolute power of alienation is not suspended if there is any person in being who, alone or in combination with one or more others, has the power to sell, exchange, or otherwise convey the real or personal property. If the terms of a trust do not suspend the absolute power of alienation of any trust property beyond the term permitted in this subsection, the trust may exist in perpetuity. B. The provisions of this section shall not apply when property is given, granted, bequeathed, or devised to: 1. A charitable use; 2. Literary, educational, scientific, religious, or charitable corporations for their sole use and benefit; 3. Any cemetery corporation, society or association; 4. The Department of Mental Health and Substance Abuse Services as provided in Section 2-111 of Title 43A of the Oklahoma Statutes; or 5. Gifts absolute, limited, or in trust, for the advancement of medical science to an incorporated state society of physicians and surgeons. C. Except as provided in this section, the common law rule against perpetuities shall not apply to a trust subject to the trust laws of this state. A trust created in this state or subject to the trust laws of this state may have a perpetual duration if a timing provision or limit is not specified in the trust document. Added by Laws 1941, p. 264, § 47. Amended by Laws 2003, c. 217, § 6, eff. Nov. 1, 2003; Laws 2015, c. 164, § 3, eff. Nov. 1, 2015; Laws 2024, c. 369, § 41, eff. Nov. 1, 2024.

Notes of Decisions
Cited in 4 cases, 1967–2019 · leading case: Melcher v. Camp, 435 P.2d 107 (Okla. 1967).
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Melcher v. Camp, 435 P.2d 107 (Okla. 1967). · cites it 3× “The parties and the trial court treated plaintiffs’ allegation of the invalidity of the questioned provision in the separate agreement as controlled by 60 O.S.1961, § 175.47. The parties on appeal have referred only to that section of our statutes in their briefs, but each has…”
Producers Oil Co. v. Gore, 610 P.2d 772 (Okla. 1980). “3d § 9(c)(d); also see 60 O.S.1971, § 175.47; 60 O.S.1979 Supp. § 31; Foster v.”
Lowther v. Stolba (In re Est. of Stolba), 446 P.3d 528 (Okla. Civ. App. 2019). · cites it 2× “Whether the trial court erred in granting Appellee's application for distribution in that the testamentary trust in the admitted will contained a power to sell, exchange or otherwise convey the real or personal property vested in Appellant, and by the operation of 60 O.S. §…”
In the Matter of the Est. of Stolba, 2019 OK CIV APP 43. · cites it 4× “Whether the trial court erred in granting Appellee's application for distribution in that the testamentary trust in the admitted will contained a power to sell, exchange or otherwise convey the real or personal property vested in Appellant, and by the operation of 60 O.S. §…”
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