Wharton v. Mollinet
103 Cal. App. 2d 710 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that a provision in a will and a final decree of distribution purporting to restrain the alienation of a fee simple estate for twenty years was void as an unlawful restraint on alienation under section 711 of the Civil Code, and that the void provision was separable from the otherwise valid fee simple title confirmed by the decree.
Statutes construed
- CIV ยง 761