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HARTNETT v. JONES

No. 5284.

629 P.2d 1357 (1981)

Fred HARTNETT, Appellant (Plaintiff), v. James C. JONES; Cleda V. Whitlock and James Lee Whitlock, co-executors of the Estate of Oscar J. Whitlock, deceased, Appellees (Defendants).

Supreme Court of Wyoming.

June 19, 1981.

Attorney(s) appearing for the Case

W.W. Reeves of Vlastos & Reeves, P.C., Casper, for appellant (plaintiff).

E.L. McCrary, Casper, for appellees (defendants).

ROSE, C.J., participated in the hearing of this case on oral argument but did not participate in the decision of the court as presented in the opinions filed.

THOMAS, Justice.

The question raised in this appeal is whether a preemptive right to purchase included in a contract concerning co-ownership of land which provides that the contract is binding upon "heirs, personal representatives and assigns" is void because it violates the rule against perpetuities. The district court held that it was void, but we will hold that under the circumstances of this case the contract did not violate the rule against perpetuities. Furthermore...

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