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FIRST HUNTINGTON NAT. BANK v. GIDEON-BROH REALTY CO.

Nos. 10560, 10561.

79 S.E.2d 675 (1953)

FIRST HUNTINGTON NAT. BANK et al. v. GIDEON-BROH REALTY CO. FIRST HUNTINGTON NAT. BANK et al. v. GIDEON-BROH REALTY CO. et al.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1953.

Dissenting Opinion January 12, 1954.

Rehearing Denied February 1, 1954.

Attorney(s) appearing for the Case

Campbell, McNeer & Woods, Selden S. McNeer, McDaniel Purcell, Huntington, for appellants.

Fitzpatrick, Marshall, Huddleston & Bolen, Jackson N. Huddleston, Huntington, for appellees.

BROWNING, Judge.

Plaintiffs, co-trustees under the will of Rufus Switzer, deceased, instituted these proceedings under Chapter 55, Article 13 of the West Virginia Code, seeking a declaration of rights and obligations of the parties hereto under a written instrument dated December 27, 1919. The trial court entered a decree in which it determined the instrument to be a lease with an option, in violation of the rule against perpetuities, and declared the defendants,...

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