Article 34.--UNIFORM STATUTORY RULE AGAINST PERPETUITIES
59-3404.Same; exclusions.K.S.A. 59-3401, statutory rule against perpetuities, does not apply to:
(1) A nonvested property interest or a power of appointment arising out of anondonative transfer, except a nonvested property interest or a power ofappointment arising out of (i) a premarital or postmarital agreement, (ii) aseparation or divorce settlement, (iii) a spouse's election, (iv) a similararrangement arising out of a prospective, existing or previous maritalrelationship between the parties, (v) a contract to make or not to revoke awill or trust, (vi) a contract to exercise or not to exercise a power ofappointment, (vii) a transfer in satisfaction of a duty of support, or (viii) areciprocal transfer;
(2) a fiduciary's power relating to the administration or management ofassets, including the power of a fiduciary to sell, lease or mortgage property,and the power of a fiduciary to determine principal and income;
(3) a power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal beforetermination of a trust to a beneficiary having an indefeasibly vested interestin the income and principal;
(5) a nonvested property interest held by a charity, government orgovernmental agency or subdivision, if the nonvested property interest ispreceded by an interest held by another charity, government or governmentalagency or subdivision;
(6) a nonvested property interest in or a power of appointment with respectto a trust or other property arrangement forming part of a pension,profit-sharing, stock bonus, health, disability, death benefit, income deferralor other current or deferred benefit plan for one or more employees,independent contractors or the beneficiaries or spouses, to which contributionsare made for the purpose of distributing to or for the benefit of theparticipants or their beneficiaries or spouses the property, income orprincipal in the trust or other property arrangement, except a nonvestedproperty interest or a power of appointment that is created by an election of aparticipant or a beneficiary or spouse; or
(7) a property interest, power of appointment or arrangement that was notsubject to the common-law rule against perpetuities or is excluded by anotherstatute of this state.
Article 34.--UNIFORM STATUTORY RULE AGAINST PERPETUITIES
59-3404.Same; exclusions.K.S.A. 59-3401, statutory rule against perpetuities, does not apply to:
(1) A nonvested property interest or a power of appointment arising out of anondonative transfer, except a nonvested property interest or a power ofappointment arising out of (i) a premarital or postmarital agreement, (ii) aseparation or divorce settlement, (iii) a spouse's election, (iv) a similararrangement arising out of a prospective, existing or previous maritalrelationship between the parties, (v) a contract to make or not to revoke awill or trust, (vi) a contract to exercise or not to exercise a power ofappointment, (vii) a transfer in satisfaction of a duty of support, or (viii) areciprocal transfer;
(2) a fiduciary's power relating to the administration or management ofassets, including the power of a fiduciary to sell, lease or mortgage property,and the power of a fiduciary to determine principal and income;
(3) a power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal beforetermination of a trust to a beneficiary having an indefeasibly vested interestin the income and principal;
(5) a nonvested property interest held by a charity, government orgovernmental agency or subdivision, if the nonvested property interest ispreceded by an interest held by another charity, government or governmentalagency or subdivision;
(6) a nonvested property interest in or a power of appointment with respectto a trust or other property arrangement forming part of a pension,profit-sharing, stock bonus, health, disability, death benefit, income deferralor other current or deferred benefit plan for one or more employees,independent contractors or the beneficiaries or spouses, to which contributionsare made for the purpose of distributing to or for the benefit of theparticipants or their beneficiaries or spouses the property, income orprincipal in the trust or other property arrangement, except a nonvestedproperty interest or a power of appointment that is created by an election of aparticipant or a beneficiary or spouse; or
(7) a property interest, power of appointment or arrangement that was notsubject to the common-law rule against perpetuities or is excluded by anotherstatute of this state.
Article 34.--UNIFORM STATUTORY RULE AGAINST PERPETUITIES
59-3404.Same; exclusions.K.S.A. 59-3401, statutory rule against perpetuities, does not apply to:
(1) A nonvested property interest or a power of appointment arising out of anondonative transfer, except a nonvested property interest or a power ofappointment arising out of (i) a premarital or postmarital agreement, (ii) aseparation or divorce settlement, (iii) a spouse's election, (iv) a similararrangement arising out of a prospective, existing or previous maritalrelationship between the parties, (v) a contract to make or not to revoke awill or trust, (vi) a contract to exercise or not to exercise a power ofappointment, (vii) a transfer in satisfaction of a duty of support, or (viii) areciprocal transfer;
(2) a fiduciary's power relating to the administration or management ofassets, including the power of a fiduciary to sell, lease or mortgage property,and the power of a fiduciary to determine principal and income;
(3) a power to appoint a fiduciary;
(4) a discretionary power of a trustee to distribute principal beforetermination of a trust to a beneficiary having an indefeasibly vested interestin the income and principal;
(5) a nonvested property interest held by a charity, government orgovernmental agency or subdivision, if the nonvested property interest ispreceded by an interest held by another charity, government or governmentalagency or subdivision;
(6) a nonvested property interest in or a power of appointment with respectto a trust or other property arrangement forming part of a pension,profit-sharing, stock bonus, health, disability, death benefit, income deferralor other current or deferred benefit plan for one or more employees,independent contractors or the beneficiaries or spouses, to which contributionsare made for the purpose of distributing to or for the benefit of theparticipants or their beneficiaries or spouses the property, income orprincipal in the trust or other property arrangement, except a nonvestedproperty interest or a power of appointment that is created by an election of aparticipant or a beneficiary or spouse; or
(7) a property interest, power of appointment or arrangement that was notsubject to the common-law rule against perpetuities or is excluded by anotherstatute of this state.
