Kerr v. Bauer

This is a dispute among family members about land. The trial court granted plaintiffs motion for partial summary judgment, quieting title in the trustees of a 1956 deed and severing some interests created in that deed because the interests violated the rule against perpetuities. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to prevail as a matter of law. ORCP 47 C. We agree with the parties that the deed violated the rule against perpetuities but conclude that severing interests created in the deed does not give effect to the donors intent as required under our case law. Accordingly, we reverse and remand.