Charlton Heston owned Hilltop in fee simple.  By his will, he devised as follows:  "Hilltop to such of my grandchildren who shall reach the age of 21; and by this provision I intend to include all grandchildren whenever born."  At the time of his death, Heston had three children and two grandchildren.   

Which of the following additions to or changes in the facts of this question would produce a violation of the common-law Rule Against Perpetuities? 

(A)  A posthumous child was born to Heston.

(B)  Heston's will expressed the intention to include all after-born grandchildren in the gift.

(C)  The instrument was an inter vivos conveyance rather than a will.

(D)  Heston had no grandchildren living at the time of his death.  

Answer