ARUNDEL CORP. v. MARIE

No. 1, September Term, 2004.

860 A.2d 886 (2004)

383 Md. 489

THE ARUNDEL CORPORATION v. Richard M. MARIE and Olivia Green, Personal Representatives of the Estate of Camille S. Marie, Deceased.

Court of Appeals of Maryland.

November 9, 2004.


Attorney(s) appearing for the Case

James E. Carbine (James E. Carbine, P.C., on brief), Baltimore, for appellant.

Jeffrey P. Reilly (Jennifer J. Coyne of Miles & Stockbridge, P.C., on brief), Towson, for appellees.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


WILNER, J.

The issues before us are (1) whether a right of first refusal that is clearly void under the traditional common law rule against perpetuities is saved by virtue of the legislative modification of that rule contained in Maryland Code, § 11-103 of the Estates and Trusts Article, and (2) if not, whether we should save it by modifying the traditional common law rule. The Circuit Court for Baltimore County held that the right was not saved under the statute...

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