Lufburrow v. Williams

I respectfully dissent from the majority’s determination that the clause in the deed granting to the *677descendants of Stephen Bullman Lufburrow a right of first refusal to purchase the property is in violation of the rule against perpetuities. The rule against perpetuities is found in Code Ann. § 85-707. (Ga. L. 1953, pp. 42, 43). It forbids limitations on estates beyond the duration of any number of lives in being, plus 21 years and the usual period of gestation thereafter. There is no legal prohibition against selling land to another while reserving the right to repurchase within a specified…