Smerchek v. Hamilton

Abbott, J.:

This action was brought by the plaintiff, Lilly K. Smerchek, to set aside a real estate sales agreement and to quiet title to the real estate involved. The original second party under the contract was J. R. Hamilton, one of the defendants. Hamilton subsequently assigned a one-half interest in the contract to E. W. Haley, the other defendant.

The sole issue is whether the trial judge erred in finding that part of the contract dealing with the defendants’ option to purchase upon the death of plaintiff violated the rule against perpetuities and thus is void.

As we view the case, the…