Title 44, Chapter 6, Section 90
( 44-6-90)
(a) The judge of the superior court shall have jurisdiction to hear
any case that: (1) Involves a tenant for life in real property or the proceeds of
real property; (2) Involves a contingent remainder interest of a class subject to
open through the subsequent event of a birth or an adoption; and (3) Does not involve the creation of a perpetuity. (b) In such cases, the judge may receive evidence on the likelihood
of the expansion of the class of such remaindermen through the
subsequent event of the birth or the adoption of another member of
such class. The judge shall be authorized to make such findings of
fact and law as to declare such class to be closed. Upon such
findings, the judge shall require the life tenant to give bond in an
amount sufficient to protect against any actual subsequent expansion
of such class by the life tenant through birth or adoption. An
order of the judge in such case shall contain a determination of the
free marketability of any concerned property. (c) An action on the bond provided for in subsection (b) of this
Code section shall be the sole recourse of any person who is
interested in the remainder. |