Pacific Trust Co. v. Nagamori

OPINION OP

I concur with the majority in the opinion that the provision in Exhibit “B,” the agreement of November 18, 1922, that “neither party shall assign, transfer, sell or in any way encumber his interest, or any part thereof, in said property without first the consent in writing of the other party be given,” in the context recited, is void under authority of Lucas v. Lucas, 20 Haw. 433, 441, as an attempted restraint on alienation in violation of the rule against perpetuities. I concur also in the conclusion that the judgment be set aside and a new trial granted. I do not, however, concur…