Texas Supreme Court April 17, 1963, A-9207 (Mattern v. Herzog)

Also known as

United States · · · 17-04-1963

SMITH, Justice.

I respectfully dissent.

The provision in the will giving to petitioner time unlimited to purchase respondents’ fee title violates the rule against perpetuities and also is a restraint upon alienation.

Petitioner seeks to apply “reasonableness” in order to escape the rule against perpetuities.

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