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UNITED VA. BANK/CITIZENS & M. v. UNION OIL CO. OF CAL.

197 S.E.2d 174 (1973)

214 Va. 59

UNITED VIRGINIA BANK/CITIZENS & MARINE, Executor, etc. v. UNION OIL COMPANY OF CALIFORNIA et al.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

Donald N. Patten, Newport News (Patten & Wornom, Newport News, on brief), for plaintiff in error.

W. Glover Garner, Jr., Newport News (Robert W. Curran, Robert R. Hatten, Marshall, Blalock, Garner & Millner, Newport News, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

CARRICO, Justice.

The question for decision in this appeal is whether the provisions of a land option agreement violate the rule against perpetuities. For reasons to be later discussed, we hold that the rule is violated.

The question arose in a declaratory judgment proceeding brought by United Virginia Bank/Citizens & Marine (hereafter, the Bank), executor and trustee under the last will and testament of William Jonathan Abbitt, deceased, against Union...

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