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CLARK v. SHELTON

No. 15490.

584 P.2d 875 (1978)

Thelma H. CLARK, Plaintiff and Appellant, v. Gilbert L. SHELTON, and Sherry G. Shelton, his wife, Todd Eagar, d/b/a Eagar Realty, and Kenneth T. Norton, and Elizabeth Norton, his wife, Defendants and Respondents.

Supreme Court of Utah.

September 13, 1978.

Attorney(s) appearing for the Case

David K. Smith, Salt Lake City, for plaintiff and appellant.

John B. Anderson and Gary A. Weston, Salt Lake City, for defendants and respondents.

ELLETT, Chief Justice:

Plaintiff Thelma Clark instituted this action for declaratory relief respecting the validity of an agreement between herself and defendants. The trial court denied Clark's motion for summary judgment on her sole claim that the agreement violated the rule against perpetuities.

The facts in this case are undisputed. By agreement dated June 9, 1972, Clark sold to the Sheltons a tract of land in Salt Lake County, and also agreed to give...

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