Legal Opinion · Concurrence

Williams v. Watt

Wyoming Supreme Court

Decided August 12, 1983No. 5799Published

1Concurrence

THOMAS, Justice,

specially concurring.

I concur in the result reached by the majority of the court in this case. I must, however, part company from the other members of the court with respect to the rationale for this decision. The difference between my views and those of the majority is over the most appropriate technique to avoid the rule against perpetuities which has been adopted by statute in Wyoming. Section 34-1-139, W.S.1977 (quoted above in the majority opinion). All of us are in accord that the application of the rule against perpetuities would achieve a frustration of the intent of…

2Cases cited18 opinions

  1. McClellan v. TottenhoffWyoming Supreme Court · 1983
  2. Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
  3. Wong v. Di GraziaCalifornia Supreme Court · 1963
  4. Collins v. Memorial Hospital of Sheridan CountyWyoming Supreme Court · 1974
  5. Elsea v. SmithSupreme Court of Missouri · 1918

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