Smith v. VanVoorhis

MILLER, Chief Justice:

In this appeal from the Circuit Court of Monongalia County we are asked to decide whether a clause in a deed extending a right to purchase certain real estate violates the rule against perpetuities. We believe the clause does not violate the rule and affirm the decision of the lower court.

Six living descendents of Morton Van-Voorhis were owners of several hundred acres of real estate located in Monongalia County. This property passed to them as tenants in common upon the death of Van-Voorhis in 1925. On December 2, 1971, these six descendants entered into a voluntary…