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247 Ga. 382

Rose v. Chandler

Supreme Court of Georgia

Decided April 7, 1981

Supreme Court of Georgia · decided 1981-04-07

Relies on St. Regis Paper Co. v. Brown · Thomas v. Murrow

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-07

How this case has been cited

Cited by 7 later decisions — most recently May 2014

5 state decisions

301981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, Justice,

¶1dissenting.

¶2In my view, the trial court correctly determined that, under Georgia law, an option to purchase realty is subject to the rule against perpetuities regardless of whether the option happens to be contained in a lease. See my dissenting opinion in St. Regis Paper Co. v. Brown, 247 Ga. 361 (276 SE2d 24) (1981). As the option in this case did not have to be exercised within the time limitations of the rule, it *385is void. “The rule against perpetuities is an expression of public policy as determined by our legislature.” Thomas v. Murrow, 245 Ga. 38, 40 (262 SE2d 802) (1980).

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