CASEY v. CASEY

No. 85-175.

700 S.W.2d 46 (1985)

287 Ark. 395

Faye CASEY et al., Appellants, v. Donald J. CASEY and Jo Ann Casey, Appellees.

Supreme Court of Arkansas.

December 9, 1985.


Attorney(s) appearing for the Case

Boyett, Morgan & Millar by Mike Millar, Searcy, for appellants.

Peel & Eddy by David L. Eddy, Russellville, for appellees.


HOLT, Chief Justice.

This case involves the interpretation of a restriction placed on a devise to appellee which, if violated, would shift the interest in the inheritance to appellants. The trial court held the restriction was invalid as an unreasonable restraint on alienation and too vague to be enforced and that appellee thus held the property in fee simple absolute. Our jurisdiction is pursuant to Sup. Ct.R. 29(1)(p).

Donald Casey, appellee, is the son...

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