What is the effect of the rule against perpetuities when the parties have failed to raise the issue in the trial?
California, United States of America
The following excerpt is from No Oil, Inc. v. Occidental Petroleum Corp., 123 Cal.Rptr. 589, 50 Cal.App.3d 8 (Cal. App. 1975):
In Wong v. Di Grazia, 60 Cal.2d 525, 532 n. 9, 35 Cal.Rptr. 241, 246, 386 P.2d 817, 822, the court considered and disposed of an issue as to the effect of the rule against perpetuities which was not raised in the trial court. Concerning the effect of the parties' failure to raise the point below, the court said:
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