Hankins v. Mathews

221 Tenn. 190 (1968)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Hankins v. Mathews

Tennessee Supreme Court
221 Tenn. 190 (1968)

LJ

Facts

A.A. Hankins died testate on January 31, 1952. A.A.’s will devised all his real property to his wife, Sarah Hankins. The will also provided that Jim Grubb would acquire a 25-acre tract and 30-acre tract of the real property at the time of Sarah’s death. The will further established that if Grubb tried to sell the real property within 10 years of Sarah’s death, the property would revert to A.A.’s heirs at law. Within the 10-year period following Sarah’s death, Grubb executed a number of deeds to Virgil Mathews and others (collectively, the subsequent owners) (defendants). James A. Hankins and others (collectively, the heirs) (plaintiffs) filed a complaint in the Knox County Chancery Court, alleging that they were the sole heirs of A.A. and that because Grubb sold the real property within 10 years of Sarah’s death, the interest in the property reverted to them. The heirs requested that the court declare them the lawful owners, in fee simple, of the 30-acre tract; that they had a one-half interest in the 25-acre tract, and that the 25-acre tract be sold and the proceeds be distributed accordingly; that they be awarded any rents and profits; and that the deed to the subsequent owners be declared void. The subsequent owners demurred to the original bill, alleging that the covenants were void as an illegal attempt to restrain the alienation of property. The subsequent owners stated that inherent in the rights of fee simple ownership is the right to sell the property. The heirs maintained that the restriction in the will was a reasonable restriction on the right of alienation and was in full accordance with state law. The chancery court found in favor of the subsequent owners, sustaining the demurrer and dismissing the case. The heirs filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Burnett, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership