MATTERN v. HERZOG

No. A-9207.

367 S.W.2d 312 (1963)

Chris MATTERN, Petitioner, v. Magadelina HERZOG et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 22, 1963.


Attorney(s) appearing for the Case

W. E. Barron, Nevasota, W. S. Barron, Bryan, Joe J. Newman, Houston, for petitioner.

A. K. Stewart, Darden, Fowler & Creighton, Conroe, Williams, Lee & Lee, Houston, for respondents.


NORVELL, Justice.

The Court of Civil Appeals has reversed a District Court's summary decree and held that a clause of Paragraph II of the last will and testament of Monika Mattern is invalid because it violates the rule against perpetuities and constitutes an unlawful restraint upon alienation. 359 S.W.2d 86. The clause in question purported to give Chris Mattern, a child of the testatrix, the right to purchase certain real estate...

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