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SMITH v. VanVOORHIS

No. 15544.

296 S.E.2d 851 (1982)

Jessie SMITH, a Widow, Appellee, v. William H. VanVOORHIS, et al., Defendants Below, Monongalia County Development Authority, Appellant.

Supreme Court of Appeals of West Virginia.

October 15, 1982.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, George R. Farmer, Jr. and Allen R. Prunty, Morgantown, for appellant.

Wilson, Frame & Poling, Clark B. Frame and Richard D. Poling, Morgantown, for appellee.

MILLER, Chief Justice:

In this appeal from the Circuit Court of Monongalia County we are asked to decide whether a clause in a deed extending a right to purchase certain real estate violates the rule against perpetuities. We believe the clause does not violate the rule and affirm the decision of the lower court.

Six living descendents of Morton VanVoorhis were owners of several hundred acres of real estate located in Monongalia County. This property passed...

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