Hankins v. Mathews

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.