Saulsberry v. Saulsberry

Opinion of the Court by

Judge O’Rear

Affirming.

*609The only question presented by this appeal is the validity of a clause in a deed executed in 1896, forbidding the alienation of the land prior to 1950:

The statute of this State (Sec. 2360, Ky. Stats.) reads:

“The absolute power of alienation shall not be. suspended, by any limitation or condition whatever, for a longer period than during the continuance of a life or lives in being at the creation of the estate, and twenty-one years and ten months thereafter.”

The restriction in this deed was not confined to the grantees. Though they may have died the…