Rogers v. Rooth

Hall, Justice.

This is an appeal from a summary judgment in favor of appellee, Ann Rogers Rooth, regarding the construction of a will. The trial court held that the will violates the rule against perpetuities and it vested fee simple title to the farmland in question in appellee as the last legal taker under the will.

Floy Rogers died on June 17,1959 leaving a last will and testament which was probated in solemn form. Item Four of that will which allegedly violates the rule against perpetuities reads as follows: "Upon the death of my said wife, Cleone B. Rogers, upon her remarriage, or upon her…