Hankins v. Mathews

425 S.W.2d 608 (Tenn. 1968)

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Nature of the Case

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Facts

AA Hankins died testate in 1952. Jim Grubb got a 25 acre and 30-acre tract of land and was to keep them for 10 years before he could sell or dispose of them in any way. If Grubb violated this provision of the will, the land would revert to Hankins' heirs. Grubb executed certain deeds and leases in violation of the will period in which he transferred the property to Mathews (D). The sole heirs of Hankins sued. D demurred contending that the restrictions Hankins placed on the land were void as an illegal and unlawful attempt to restrain the alienation of the property. The trial court granted the demurrer. P appealed.