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What had to be watched therefore was the perpetuity rule.
And now the main enemy is not the perpetuity rule, but fiscal legislation.
Accordingly, all non-charitable purposes trusts, to be valid, need to comply with the perpetuity rules in the relevant jurisdiction.
The system was not obnoxious to the perpetuity rule, because each settlement and resettlement was designed to comply with the rule, and the perpetuity period began afresh from the time of each resettlement.
The erection and maintenance of tombs and monuments is a valid trust, as in Musset v Bingle; this will not be held valid if the gift violates the perpetuity rule, or if the scale of the monument is "capricious and wasteful".