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Bank of Powhattan v. Rooney

Kansas Supreme Court

72 P.2d 993 (1937)

Relevant factsFree

Hugh Rooney's will left his son Pat a life estate in one property and an undivided one-eighth residuary interest in another, but barred all beneficiaries from selling any devised land to non-beneficiaries for three years after Hugh's death. L.E. Laflin (plaintiff), who held a judgment against Pat assigned from the Bank of Powhattan, sought to execute against both properties to satisfy the debt; an estate executor (defendant) obtained an injunction from the district court staying the execution sales based on the will's sale restriction, and Laflin appealed.

IssueFree

Whether a will provision restricting beneficiaries from selling devised property to non-beneficiaries for a limited period is a valid restraint on alienation.

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