Laughlin v. Elliott
Kentucky Supreme Court
259 S.W. 1031 (1924)
- Written by Sean Carroll, JD
Facts
Anna Baker and Laughlin got divorced. The couple had one daughter, Nannie Neeley. Anna got remarried, to J.H. Baker. The Bakers conveyed property to Neeley by deed. At the time of the execution, Anna also had three sons. The deed reserved for Anna a life estate in the property and stated that upon Anna’s death, Neeley would have a life estate. The deed provided further that upon Neeley’s death, the property would pass to Anna’s grandchildren in equal portions. After Anna’s death, suit was brought to determine the interests in the property under the deed. The trial court held that the provision in the deed purporting to grant an interest to Anna’s grandchildren was void in violation of the rule against perpetuities, and that none of the parties to the litigation held an interest in the property.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
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