Clark v. Shelton

ELLETT, Chief Justice:, Plaintiff Thelma Clark instituted this action for declaratory relief respecting the validity of an agreement between herself and defendants. The trial court denied Clark’s motion for summary judgment on her sole claim that the agreement violated the rule against perpetuities.

The facts in this case are undisputed. By agreement dated June 9, 1972, Clark sold to the Sheltons a tract of land in Salt Lake County, and also agreed to give them a “first right of refusal” to purchase an adjoining tract, which included her home. The contract language was as follows:

Grantor…