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SMITH v. SMITH EX REL. CLARKE

C.A. No. 1883.

747 A.2d 85 (1999)

Hazell M. SMITH, Plaintiff, v. Otis H. SMITH, by David H. CLARKE, his authorized agent and attorney-in-fact, Defendant.

Court of Chancery of Delaware, Sussex County.

Decided: March 11, 1999.

Attorney(s) appearing for the Case

Eugene H. Bayard and Veronica O. Faust of Wilson, Halbrook & Bayard, Georgetown, for Plaintiff.

Robert K. Payson and Peter L. Tracey of Wilmington; Frank J. Peragine of Simon, Peragine, Smith & Redfearn of New Orleans, Louisiana, of counsel, for Defendant.

OPINION

STEELE, Vice Chancellor.

Plaintiff Hazell M. Smith filed a complaint for a declaratory judgment1 asking this Court to void language in a deed signed between her and her former husband, Defendant Otis H. Smith. The language she disputes restricts Hazell's ability to transfer the land. It grants Otis a right of first refusal at an inflation-adjusted fixed price to purchase the land (the "option"). The deed purports...

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