J.M. Huber Corp. v. Square Enterprises, Inc.

OPINION

LEWIS, Judge.

Suit was filed in the Chancery Court for Franklin County seeking a declaratory judgment that a certain reservation in a deed was void ab initio in that it violated the rule against perpetuities or, in the alternative, for construction of the reservation.

The Chancellor, after a bench trial, found, inter alia, that the “reservation did not violate the ‘rule against perpetuities’ and is, therefore, not void” and that the reservation created a “non-participating royalty interest.”

The pertinent facts are as follows:

R.D. Campbell and wife Myra G. Campbell owned an 11,900 acre…